The URL can be used to link to this page

Home My WebLink About11-19-2018 Board of Adjustments Agenda PacketKarin Wilson Mayor Counc,1 Members Kevin G. Boone Roben A. Brown Jack Burrell, ACMO Jimmy Co nye rs Jay Robinson Lisa A. Hanks, M.1v\C CiryC/erk Michael V. Hinson, CPA City Treasurer 161 Nonh Section Street P 0. Drawer 429 Fairhope, Alaba ma 36533 25 1-928-2136 25 1-928 -6776 F,D< www.fairhopeal.gov Printed on rcqc!cd paper 1. Call to Order City of Fairhope Board of Adjustment and Appeals 5:00 PM City Council Chambers November 19, 2018 2 . Approval of the October 15, 2018 minutes 3. Consideration of Agenda Items: A. 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. PPIN #: 15164 4. Old/New Business 5. Adjourn 3 "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 located behind the mixed-use buildings as required by Article V, Section 8.4 .d.(1) shown above. 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. Subject applition 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. 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 variance through Article II.A.d(3) which says the following: d. Duties and Powers: The Board shall have the following duties and powers: (2) Special Exceptions -To hear and decide special exceptions to the terms of this ordinance upon which the board is required to pass under this ordinance. {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 applicant requested a variance of the rear parking requirements of the CBD . The correct type of relief for the applicant's request is a special exception as described in item (2) above. In an effort to review the potential hardships of developing subject property, the zoning ordinance variance criteria, as follows is utilized for review purposes : BOA 18.11 301 Magnolia Avenue -November 19, 2018 4 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 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) 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. 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. Response: The subject property is rectangular in shape and approximately 22,400 sf, or slightly more than½ 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 on the site's development is explained herein. This grade differential may be seen in the map excerpt on the next page from the Baldwin County Parcel viewer with subject property outlined in black. BOA 18.11 301 Magnolia Avenue -November 19, 2018 5 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 10' higher than the finished floor elevation of the residential units fronting Church Street, complicating the drainage design of both areas. Staff understa nds the conceptual need to allow front, screened parking for the residential units along Church Street and does not neces sa rily object to the screened parking. Staff believes the applicant ha s a rea so nable reque st 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 as mentioned above and more fully-descr ibed below. As desc ribed previously, the applicant requeste d a va riance in their application, but the type of relief requested is actually a request for specia l exception. This r ev ie w will consider the applicant's reque st for a variance and review the criteria for a va rianc e as a means of eva luating the application, but the staff recommendation will be in terms of a special exception. (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. Respon se: The reque sted special exception is in relation to the r es id e ntial uses to be constructed on subject property, with each unit likely located on its own lot to be created by a future subdiv ision 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 as shown in the drawing excerpt see n on the next pag e. The dra wing exce rpt indicates a section elevation view of the propose d residential units in relation to the propose d parking a r ea to be included on the si te. The applicant wishes to construct the residential units at the lower elevation along Church Street, with street access from Church Street rather than th e CBD r equ ireme nt for rear loading. The applicant further states th e intended de ve lopment d es ires to use the cut material from the area shown in ll!l b elow to fill the area shown in -to "build up" the proposed parking area so that th e p ark in g area will have the r eq uired elevation to drain from the parking area and connect to an existing drain inl et at the intersection of Magnolia Ave and N. Church Street. Staff requ ested the applicant clarify the variou s alternative s that would not require approva l of a variance from the parking requirements within the CBD and construct the proposed d eve lopment w ith the required rear parking. The app li cant indicat ed r e ducing th e e l eva tion of th e proposed parking area and rai sin g the finished floor e levation {FFE) of the proposed residential units is possible and wou ld allow rear access to the residential units by traversing BOA 18.11 301 Magnolia Aven ue -November 19, 2018