HomeMy WebLinkAbout12-05-1988 Regular MeetingThe Planning & Zoning Commission of the City of Fairhope met Monday,
December 5, 1988 at 5:00 p.m. at 161 N. Section Street, Civic Center
Complex.
Present: Richard Sanderson, Chairman; members Maxwell Killoch,
William Lucey, Cindy McBrearty, Cecil Pitman, David Bishop
The minutes of the November 7, 1988 meeting were duly approved on
motion by Cecil Pitman seconded by Maxwell Killoch.
Mr. Sanderson asked the Commission's indulgence in skipping on the
agenda down to the site plan review of the AHEPPA 50 units planned
for the elderly on Bishop Road. In reviewing the site plan Mr. Killoch
asked if 50 car spaces was enough for the project. Bob remarked that
the ordinance calls for 12 spaces for project this size. Mr. Nick Stratis
spoke saying that even though this is funded by HUD,they have cut
costs and 50 spaces was all they alloted for. Further discussion led
to a motion by William Lucey to approve the plan as submitted with
the question of enough parking spaces being taken to the Board of
Adjustments & Appeals and subject to their decision on same. Maxwell
Killoch seconded motion and it carried unanimously.
The Commission considered at this time a preliminary review of Curtis
Gordon's for 6 patio garden home units he wished to put at 207
Magnolia Street. A lengthy discussion followed on the 10 ft. road
he had shown on the drawing. Questions about fire equipment,
places for visitors to park, were brought up and how they would
be handled. In Bob's comments he had stated that congestion
within the private drive will be solely in the control of the owners
association and the risks associated therewith must be recognized
and borne by the owners therein. Mr. Sanderson referred to
this comment and that the maintenance agreement should be reviewed
by the City Attorney before anything finalized to minimize the
City's liability. Mr. Killoch questioned placement of houses on
drawing, Amendment 4.417 being considered at this meeting will
cover this. Curtis addressed the members and told them that the
road could be widen to 15 ft.- as it is 25 ft. from building front
to building front. Mr. Sanderson spoke in opposition, saying
that it would be setting a bad precedent, possibly Mr. Gordon
could rethink use of property. Mr. Gordon responded that he
had come before this board a couple of months back and they had
responded favorably to the idea and encouraged him to proceed.
He said there would be a property owners association and covenants
would cover their responsibility on private road maintenance .
Mrs. McBrearty said she was for the idea as long as any final
drawing showed the 15 ft. road on the plat and all legal responsibilities
of the residents, street, paving, maintenance and drainage spelled out
in covenants/deeds. The drainage question was brought up and Bob
said that a Walter Scott had done work on this in the past and he would
be glad to pass on to Mr. Moore any findings he had on record on this
to ensure it was drained adequately. Mr. Moore said that would be fine.
Mrs. McBrearty moved q ap rove the plan with 15 ft road and all
legal responsibilities �t before final approval given. Maxwell
Killoch seconded and motion passed ed .
The Board accepted for public hearing at the next meeting an amendment
to the Zoning Ordinance - Article V, Section 5.42, 5.421 Uses Permitted
and 5.422 Uses Permitted on Appeal.
Planning 8 Zoning Commission - December 5, 1988
Page Two
A public hearing was held on Article IV, General Provision, Section
4.12 Building Heights with change being to add sentence:
The Planning Commission may consider for approval heights in excess of
those specified in any use district.
Cecil Pitman moved to approve as written, William Lucey seconded and
motion carried uusiy. W/ /%A • S �2e.+s a,, a pl3a s-ed .
A public hearing was held on Article IV, General Provision, Section
4.417 Access to Public Streets with section being added:
c. Provided, however, that approval by the Planning Commission of any
privately maintained street or drive shall operate as a waiver of re-
quirements in a. and b. above and building permits may issue in reliance
thereon.
William Lucey moved to recommend approval seconded by Cindy McBrearty
and unanimously carried.
Under old business, Cindy reported on the sign and landscaping revisions
and said she would get the changes to the secretary to make and get mailed
out to the members for review.
Under new business, Dick asked Bob what course of action he was taking
on The Wet Spot that he had gotten many complaints as he was sure the
City had and he would be glad to help Bob in any way as he felt that
that is very much in violation of all ordinances. Bob related his contacts
so far and that he had finally talked with someone in the FLIC office about
supposed permission David said he had to park the vehicle there. Ci ndy
said that she felt that he might take the attitude that he had 30 days to
have the sign there as a temporary sign. Mr. Sanderson said he thought
he should be issued a legal notice that he is in violation of the ordinance.
Further action will be taken.
There being no further business, meeting was duly adjourned.