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HomeMy WebLinkAbout02-02-1987 Regular MeetingThe Planning & Zoning Commission of the City of Fairhope met February 2, 1987 at the municipal complex, 161 N. Section St. at 5:00 p.m. Present: Maxwell Killoch, Chairman; members Cindy McBrearty E.B. Gwin, Wm. Lucey, Tim Kant, Jeanette Puckett Cecil Pitman The minutes of the January 5, 1987 meeting were approved on motion by Cindy McBrearty, seconded by Wm. Lucey and unanimously carried The public hearing was held on the Tom Brown re -zone request from R-1 Low Density Single Family Residential to B-4 Business & Professional, property fronting on Greeno Road. Mr. Brown addressed the members of the Commission saying that he just wished to insure a tenant for the brick house on his property, probably would use as a real estate office. Bob was asked what his recommendation was and said he would recommend approval provided Mr. Brown would reserve a 40 ft. right of way strip on Greeno Rd and use the Estella Drive entrance/exit to get to the property. Discussion led to a motion by William Lucey to recommend approval of re -zone request to council with the two provisions set forth by Mr. Lunsford. Tim Kant seconded and motion carried unanimously. ( Note: Mr. Brown said these two requests would be no problem) . The public hearing was held on the Vernon Bodden re -zone request from R-1 Low Density Single Family Residential to B-4 Business & Professional. Mr. Bodden spoke saying he also wished to change his residential to business as he felt it would be better use for property. Bob was asked his recommendation and said he thought this property ought to remain R-1 as a single family buffer as it lines up with what is across road. Mr. Bodden objected to this recom- mendation. Cindy told the Boddens that we were not discriminating against them, that this was done all over town and we had requests to re -zone but had to turn down to leave buffer areas. Mr. Killoch remarked that keeping R-1 was in accordance with fundamental plan. Cindy moved to recommend denial of this request to city council on Bob's recommendation and in accordance with comprehensive plan. Cecil Pitman seconded and motion carried unanimously. Bob presented a request from Mr. Baker regarding Olsen Acres re -subdivision of one lot into two. Under the Attorney General's ruling this would be allowed and Bob so recommended. Wm. Lucey moved to grant request, Cindy McBrearty seconded and motion carried unanimously. Ron Kopesky was present representing Taney Brazeal. Mr. Brazael had made an illegal subdivision and was asked by Commission to come into compliance by trying to make 5 acre tracts of land he sold(5 lots). He presented a prepared map with all signatures required. He told Commission he had a maintenance agreement from the landowners that they would maintain road, thereby the County Engineer had signed off on the plat. Much discussion followed on whether or not to require Mr. Brazeal to pave this road, even though all adjoining property owners did not wish to pave. Tim asked Bob how the problems of illegal subdivisions had been handled in the past. Bob cited 2 where the owners had been fined and some solution come up with to satisfy problems. Ron pointed out that all the parcels had been sold and there was no way Mr. Brazeal could or would sell anymore. He said he had made a mistake as he did not think he was under Fairhope's jurisdiction. He was willing to make amends any way he could. Cecil Pitman moved to accept as presented, E.B. Gwin seconded. Further discussion led to Cecil withdrawing his motion and E.B. his second. Cindy said she did not think we needed to let this go without some action taken that we would be leaving ourselves open for the same Planning & Zoning Commission February -► , 1987 - Page two thing to happen again. Different things were talked about as ways to resolve. Bob pointed out that the problem was that the owners do not want to pave. Ron said they were not trying to set a precedence that the cost of paving would be prohibitive to Mr. Brazeal if he had to bear cost, that he sold the lots at a price where he will not be getting any extra money from them; that Mr. Brazeal is willing to pay fine. Cecil Pitman moved since the covenants run with the land and signed by the owners, and since they are trying to rectify the situation and not trying to set precedence, he thinks Mr. Brazeal should be fined $100.00 a lot, total of $500.00 and allowed to stand as presented. Tim Kant seconded and motion carried with all voting for motion except Mr. Killoch, who was opposed. Mr. Killoch brought up that we needed to appoint a new secretary. Cindy McBrearty moved to appoint Mr. William C. Lucey, Cecil Pitman i seconded and motion carried unanimously. There being no further business, meeting was duly adjourned.