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HomeMy WebLinkAbout09-08-1992 Planning Commission MinutesM E M O R A N D U M To: Fairhope Planning Commission Meeting of 08 SEPTEMBER 1992 INGLESIDE TERRACE - Application of J. Earle Malone for Preliminary Plat Approval for 9 lots on the north side of Edwards Avenue west of U. S. 98. The submitted plans substantially conform to the subdivision regulations and I recommend that preliminary plat approval be granted, taking note of the following comments: 1. Lot 5, owing to shallow depth, should be given special attention in designing a dwelling to fit the lot as shortcomings in lot design is not a proper ground for granting of variances. 2. Curb grades shown are less than the 0.5 percent required by the regulations; however, topography will not allow steeper grades on this site. PLANTATION PINES - application of Fred L. Corte for Preliminary Plat Approval of 22 Lots as Unit 1. This project was considered informally under the name Victorian Homestead Estates at the July meeting. After having reviewed the topographic mapping and the general drainage existing, I have altered my position on connecting the ends of the proposed cul-de-sacs, having concluded that the approach is impracticable and would result in construction of a drainage structure which would likely present a continuing maintenance problem. Further, I maintain the position that the topography and resulting inadequate sight distances preclude street connection to Highway 104 because such would likely result in creation of a safety hazard. The plans as submitted are substantially in conformity with the subdivision regulations. Grades are steep, particularly on the part of Victorian Drive for future construction. However, given the topography, I do not anticipate that flattening of grades is practicable. Developer and his engineer are cautioned that the Flood Damage Prevention Ordinance prohibits raising the flood levels within the floodway by more than one foot. Measures for prevention and mitigation of erosion should be taken during construction and, to the extent practicable, energy dispersing devices 088-18 This Rev: 10/24/92 17 10/26-29/92 12/1/92 should be incorporated in the drainage additions. Preliminary approval of Unit One is recommended subject to the following: 1. Health Department approval appearing on plat 2. Pre -construction conference among Engineer, Contractor, Developer, Planning Officer and General Superintendent prior to commencement of construction of streets and utilities. 3. Developer shall furnish all drawings, applications and required surety bonds for all work within the State's right-of-way. 4. All street and utility installations shall conform to City's minimum requirements Attached hereto you will find a copy of a letter which I directed to Mr. Malcolm Risher, Alabama Highway Department Division Engineer in response to his inquiry regarding properties affected by taking of additional right-of-way for improvements to U. S. 98. I would suggest that the Commission consider recommending to the Council that Section 70.51 be repealed, repealing ordinance becoming effective upon final acquisition of all right-of-way but with proviso that abandonment or discontinuance of the project would render repealer null, void and of no effect. In my opinion, existing lots are lots of record within the meaning of the Zoning Ordinance and may be used as provided therein. Minimum frontages and areas would not be applicable, but setback requirements would have to be met, absent granting of a variance by the Board of Adjustments and Appeals. Where several properties are similarly affected, finding of unique hardship to justify granting of variance may be difficult, at best. It may therefore be wise to revise the non -conformity provisions of the ordinance to provide relief from front or street side setbacks where existing lots are diminished in depth by exercise of right of eminent domain. The existence of unusable parcels of land in the City would result in numerous problems and is not, in my opinion, in our best interest. 088-18 This Rev: 10/24/92 18 10/26-29/92 12/1/92 In the case of existing buildings, where the property is diminished but the building remains intact, I rather doubt that we can prevent the use of the building as it exists. Additions or alterations would, of course, have to conform to ordinance requirements. Such buildings should be considered non -conformities resulting from the exercise of right of eminent domain. Respectfully submitted, Robert Lunsford Planning/Zoning Officer 088-18 This Rev: 10/24/92 19 10/26-29/92 12/1/92 The Planning and Zoning Commission of the City of Fairhope met Tuesday, September 8, 1992 at the City Administration Building, 161 N. Section Street Present: Chairman'Richard Sanderson; members James P. Nix,M.Killc William Lucey, Cindy McBrearty, Cecil Pitman, Jeanette Puckett, Tim Kant, Zoning Enforcement Officer Robert Lunsford The minutes of the August 3 meeting were considered and approved on motion by Cecil Pitman and seconded by Cindy McBrearty, motion carried unanimously. A public hearing was held on a rezone request from Earl Forsman at 202 S. Mobile Street to change from R-2 Medium Density Single Family Residential to R-5 High Density Multi -Family Residential. Mr. Forsman spoke saying that he had 5 empty rooms in his residence and wished to utilize them by making a Bed and Breakfas- Mr. Sanderson called for any comments from the audience. Tut Wynne spoke opposing the zoning change. Bob noted that a Bed and Breakfast could be allowed in a B3a zone also. Tim Kant questioned parking. Bob suggested a study session4this, James Nix moved to table, Maxewll Killoch seconded, motion carried with Cindy McBrearty abstaining. There were 2 Subdivisions up for Preliminary Approval: Plantation Pines, Phase I This is 22 lots off of U.S. Highway 98 Ack Moore spoke explaining the turn arounds would be expanded and submitted drawings for a proposed island, which would be maintained by the property owners, as would the lighting. Bob had made recommendations to the Commission on this, subject to several conditions being met. Maxwell Killoch moved to grant preliminary approval, Cecil Pitman seconded and motion carried unanimously. Ingleside Terrace Nine lots on the north side of Edwards Avenue west of U.S. Highway 98. There were some questions from audience on drainage. Ack Moore responded that drainage would run from the subdivision to Greeno Road. He also noted that the four- laning of Greeno would require additional drainage. Tim commente that they did need to make sure there would be no drainage problems in this area There were no further comments from the audience. Cindy McBrearty moved to grant preliminary approval and Jeanette Puckett seconded, motion carried unanimously. nd all water goes to Greeno Road. There was discussion on the special setback for 4-laning project. Richard Sanderson brought maps showing proposed 4-lane acquisitic Mr. Sanderson suggested a study session to go over the special setbacks. It was agreed that a study session would be in order and a date and time would be set as soon as possible. Tommy Harris presented the Commission with a re -subdivision of 2 lots on the Southeast corner of Stimpson and School Street. Bob explained that what Mr. Harris proposed to do was reconfigurf the lots, and that both were non -conforming now and he did not see any problem and recommended approval. Jeanette Puckett moved to approve re -subdivision of these lots, William Lucey seconded and motion carried unanimously. There being no further business, meeting was duly adjourned. h, S.