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HomeMy WebLinkAbout07-16-2018 Board of Adjustments Agenda PacketKarin Wilson Afl{J'Of Coundl tl/,m1bers Kevin G. Boone Roben A. Brown Jack Burrell. ACMO Jimmy Conyers Jay Robinson Lisa A. Hanks, MMC Ciry Clerk Deborah A. Smith, CPA Cio1 1/-easunr 161 Nonh Section Street P.O. Drawer 429 Fairhope. Alabama 36533 251 -92 8-2 136 25 1-92 8-6776 Fax 11~vw.fairhopeal.gol' Pnnud ,,n r1.."c_yrkd /1Uf"..T 1. Call to Order City of Fairhope Board of Adjustment and Appeals 5:00 PM City Council Chambers July 16, 2018 2 . Approval of the June 18, 2018 minutes 3. Consideration of Agenda Items : A. BOA 18 .09 Public hearing to consider the request of A&A Corte Family Limited Partnership for a Special Exception to allow a Clin ic for property located on the north side of Fairhope Avenue directly across from Hoffern Drive . PPIN #: 63508 4 . Old/New Business 5. Adjourn June 18, 2018 Board of Adjustment Minutes The City of Fairhope Board of Adjustments and Appeals met on Monday, June 18, 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; Christina Stankoski; Dick Schneider: John Avent; Cathy Slagle; Wayne Dyess, Director of Planning; Buford King, Planner; and Emily Boyett, Secretary. Absent: Troy Strunk, Vice-Chair The meeting was called to order at 5:00 PM by Vice Chairman Vira. The minutes of the May 2 1, 2018 meeting were considered. Cath y Slagle moved to accept the minutes as corrected and was 2nd by John A vent. Motion carried with an abstention by Dick Schneider. BOA 18.08 Public hearing to consider the request of Brian and Gretchen Dixon for a variance to the side setback requirements for property located at 307 Equity Street. Mr. King gave the staff report. Summary of Request: The subject property is zoned R-2 Medium Density Single Family Residential District and includes the following building setbacks: front -35', rear -35 ', side -10 ' and side street -20'. A building permit was issued for the subject property and during construction the applicant discovered the concrete slab for the home under construction on the property was not constructed as shown on the stakeout survey dated 12/22/2017. The home to be constructed on the subject property include s a window projection across the side building setback line that is allowable by Article III Section 3 of the Zoning Ordinance. Otherwise, the proposed home falls within the building setbacks of the property. The applicant furnished a foundation survey as an additional supporting document dated 4/16/2018 which indicates the actual placement of the proposed home 's concrete slab. The orientation of the slab's as-placed located the northern window project inside the side building setback line on the property 's north side rather than across the setback line, and as a result a carp01i/garage encroaches upon the side building setback line on the property's south side by approximately 2'-10". The building setback line variance requests the a llo wance of the 2' -1 0" encroachment. The subject property is a parallelogram lot generally rectangular in shape approximately 13 ,435 sf in size. The shape of the lot is not particularly uncommon and is greater than the minimum 10 ,500sf lot size required for R-2 zoning. The lot has n o visible extraordinary or exceptional topographical conditions. The subject property's setbacks do not prevent the reasonable use of the property fo r residential purposes. The stakeout survey indicates the proposed home fits within the building setback l ines. June 18, 2018 Board of Adjustment Minutes Staff believes that a setback vruiance allowing the encroachment not warranted and the stakeout survey clearly depicts the proposed home within the building setbacks of the property. As a result, no relief is recommended. Recommendation: Staff recommends that this variance be DENIED as no hru·dship created by the subject property's size, shape, or topography has been proven as required by the criteria established by the City of Fairhope Zoning Ordinance Article II.C.3.e. Mr. Vira asked if adjacent property could be purchased and Mr. King said he could not speculate. Ms. Slagle asked if the land adjacent is the access for the property to the east and Mr. King explained it is part of the adjacent property which is a flag lot and is their driveway. Mr. Avent noted the northern setback is shown as 15' on the survey provided by the applicant and only 10 ' is required. He stated the appl icant would have an extra 5 ' if the survey would have been correct. Bryan Broderick of Sawgrass Builders, LLC addressed the Board saying the encroachment was not intentional and was found when a foundation survey was completed for the bank. Mr. Broderick asked for leniency and cited a recent case that was very similar to this situation but there is no fire separation issue in thi s case and no adjacent house. He stated this request will not adversely affect the neighbors. Brian Dixon, applicant, addressed the Board saying he currently lives in the Fruit and Nut area and this is their second home they have built here. He stated the neighbors support their request. Mr. Vira opened the public hearing. Christy Guepet of 317 Equity Street-She asked the Board to approve the Dixon's request. She said the encroachment was a mistake and was not done deliberately. Having no one else present to speak, Mr. Vira closed the public hearing. Mrs. Stankoski asked if there is a fire code violation and Mrs. Boyett responded no. Mr. Schneider asked how much of the home is encroaching the setback and Mr. King responded 2'9" and approximately 14 square foot. Mr. Avent stated the previous case was due to survey equipment error and Mrs. Boyett re sponded there was no proof of equipment malfunction. Mr. A vent asked why the northern setback is shown as 15 ' not 1 O' and Mr. Broderick explained the hous e would have been moved north 5 ' if they had reali zed the error on the survey. Mr . Schneider asked what the correction is for this situation and Mr. Broderick stated it would be catastrophic to tear the home down. Mr. Schneider stated it would be reasonable to approv e the vru·iance. Ms. Slagle stated this is the third request in 6 months and Mr. Schneider said the Board has approved the others so how can this one be denied. Mr. Broderick noted thi s request is almost exactly the same as the previous case. 2 June 18, 2018 Board of Adjustment Minutes Dick Schneider made a motion to approve the 2' 10" side setback variance. John A vent 2nd the motion and the motion failed with the fo llowing vote: A YE -Christina Stankoski, Dick Schneider, and John A vent. NAY -Anil Vira and Cathy Slagle. Mr. Broderick asked Ms. Sl agle why she voted in favor of the last case but not this one which is a better situation. He asked the Board to reconsider their decision. Mr. Vira said he was not at that meeting and did vote on that case. Ms. Slagle said the Board is having more cases and what stops people from building over the setbacks and then coming before the Board and saying it was an accident. Mr. Dixon explained they wanted the house in the middle of the lot but would have resituated to the north 5' if they knew the enor. Mr. Broderick reiterated this case is a better situation than the previous case the Board approved in December. Dick Schneider made a motion to approve the 2' 1 O" side setback variance to be consistent. John A vent 2nd the motion and the motion canied unanimously with the fo ll owing vote: A YE -Christina Stankoski, Dick Schneider, John Avent, Anil Vira and Cathy Slagle. Having no fm1her business, Dick Schneider made a motion to adjourn. Christina Stankoski 2nd the motion and the motion canied unanimously . The meeting was adjourned at 6:01 PM. 3 Arrlcte m Sec/10 11 B Zoning. Di stric t& All owe d Us es Ta ble 3-1: Use table Zonillg Di s-rrict ~ :z:: "· .D ~ Q ~ <l. " .D Cl ~ u Use Ca tegodes / <( "' , .. ... ,., i: '" "' ~ "' ,., ,., l ~ ':' ::, ~ > Suedfic Us es ~ ~ ~ ~ C(. C(. o< ~ ~ d, d, d, ;:;: 0.. u Service -.; > Com·alescent or Nnr5ing Home 0 0 0 0 0 0 0 0 0 0 0 0 " • .,,, • Clinic I 0 0 0 0 0 0 0 0 0 0 0 "' 0 0 6 Outdoor Recreation FacilitY 0 0 0 0 0 0 0 0 • 0 0 0 "' 0 0 D ay Care 0 0 0 0 0 0 0 0 0 0 0 0 ~ • • Ge neral Personal Sei.-ices • • • • 11 • • 1l Mortua ry or Fm1eral Home 0 0 0 0 t.:: 0 0 • P emtitted subj ect 10 g eneral ordinance Stillldards and conditions. • Pennin ed ,11bj ect 1, a Permitted .;ubj ect 10 speci al conditi on.; liste d iu the ordin ance a Pe11nitted s ubjec 1 to 0 Pemutled onlp m appeal tu1d ;ubjecno 1pecial condi11on, 0 Penuirwl on ly on Analysis and Recommendation: The review criteria for a use appeal is as follows : Article II. Section C.e{l) Any other application to the Board shall be reviewed under the following criteria and relief granted only upon the concurring vote of four Board members: (a) Compliance with the Comprehensive Plan; Response: The Comprehensive Plan does not mention medical uses from a land use planning perspective. However, on page 5, Stakeholder Interview Summarization says "The largest economic engine in Fairhope is medical. The city needs to support the hospital and doctors as much as possible." The development of appropriate medical office uses will further this goal. {b} Compliance with any other approved planning document; Response: None noted . (c) Compliance with the standards, goals, and intent of this ordinance; Response: The Fairhope Zoning Ordinance does have a medical overlay district (Article V Section H. Medical Overlay District}. The boundaries of the overlay are near and around Thomas Hospital at the following location: "North to parcels abutting the south side of Morphy Avenue, South to those parcels that are in the City of Fairhope abutting the north side of Greeno Lane, East to parcels abutting the west side of Greeno Road , and West to parcels abutting the east side of "South Ingleside Street. Medical Overlay Map is outlined by the blue dotted line below. {d) The character of the surrounding property, including any pending development activity; Response: The character of the surrounding property includes a medical facility (USA Mitchell Cancer In stitute Kilborn Clinic), public facility (Baldwin County Satellite Courthouse), senior living facility (Homestead Village Retirement Community), and residential (southside of Fairhope Avenue and north of subject property). (e) Adequacy of public infrastructure to support the proposed development; Respon se: No is sues noted. {f) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: No issues noted . (g) Compliance with other laws and regulations of the City; Response: Construction on subject property must comply with all applicable municipal building codes, zoning ordinance and other applicable ordinances or regulation. (h) Compliance with other applicable laws and regulations of other jurisdictions; Response: If applicable, State and Federal requirements will be required. (i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; Re sponse: The proposed medical is anticipated to have limited hours of operation consistent with a medical office. It should be noted that the medical use is less intense than most of the allowable uses in the B-2 General Business District. (j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Re sp onse: The proposed is not expected to impact property va lues negatively. (k) Overall benefit to the community; Response: The proposed use would serve m ed ical needs of growing community as well support the economic aspect of community development. (I) Compliance with sound planning principles; Response: The propose d u se is consistent with the existing development pattern and does not pose a threat to sound planning p r inciples. (m) Compliance with the terms and conditions of any zoning approval; and Re spon se: No issues noted. (n) Any other matter relating to the health, safety, and welfare of the community. Res ponse: No iss ues noted. Recommendation: Staff recommends APPROVAL of the appeal to establish a medical clinic on the subject property. May 30, 2018 RE: PPIN # 063508 PARCEL#: 46-0 5-16-0-000-020.002 DESCRIPT ION: 8.8 AC LOT 1 B RESUB OF LOT 1 OF PLANTERS PLAZA SUB SLIDE 2544-F LYING IN THE CITY OF FAIRHOPE SEC 16-T6S-R2E (WD) IN1127129 BALDWIN COUNTY ALA. To Whom It May Concern : This written narrative is provided in connection with the accompanying re quest for a special exception concerning the proposed Medical Office/Clinic to be constructed on the above parce l of land that is currently zoned B-2. As a reference, this land has been in my family for 60 plus years. The entire parcel at one time was 70 acres. Years ago, the City, through Mayor Jim Nix, requested that the subject property be annexed into the City, with the north half of the property to be zoned B-3 and the south half to be zoned B-2. We complied with the City's request, conditioned upon the ability to use the property in acco rdance w ith the B-2 and B-3 zoning as they existed at that time. Under our veste d B-2 zoning rights, this parcel would not have required a special exception to build Medical Offices/Clinics. However, through the years, it appears that the definitions for B-2 have changed and although it is allowed in B-2, it is my understanding that the additional requirement of a special exception has been added. As you are aware, a portion of the original parcel currently has a Medical Office/Clinic operating on it, t he University of South Alabama Mitchell Cancer Institute Kilborn Clinic. The re fore, the proposed use is consistent and compatible with the neighboring usage . In order to expedite the developm en t of this project, we are requesting a special exception. However, this application is submitted with full r eservation of rights and without waiver or relinqui sh ment of vested zoning rights in and to the subject property. It is our desire to co ntinue supporting the medical needs of our community, therefore, I am asking the Board to approve this request. rte, FLP Angel A. Corte (Membe r)