HomeMy WebLinkAbout10-15-2018 Board of Adjustments Agenda Packet3
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 excerpt above, and parking for the
residential units is required, also as described above. 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 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:
(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 11.C.3.e.
Criteria -(1) An application for a variance shall be granted only on the concurring vote of four
BOA 18 .11 301 Magnolia Avenue -October 15, 2018
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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 at below right from the Baldwin County
Parcel viewer with subject property outlined in black.
BOA 18.11 301 Magnolia Avenue -October 15, 2018