HomeMy WebLinkAbout11-02-1998 Planning Commission MinutesThe Planning & Zoning Commission of the City of Fairhope met Monday, November
2, 1998 at 5:00 PM at the City Administration Building, 161 N. Section Street.
Present: Chairman Larry Green; members Debbie Quinn, James P. Nix, Dick
Charles, Trisha LoPorto, Thad Ingram, Tim Kant, William Richmond. Zoning Officer
Robert Lunsford, Secretary Betty Rivenbark
Officers for the coming year were elected when Tim Kant moved to nominate Larry
Green as Chairman and Thad Ingram as Vice Chairman. Motion carried with Thad
Ingram abstaining from vote.
The minutes were approved as modified on motion by Dick Charles, seconded by
Tim Kant and unanimously carried.
A public hearing was held on an amendment to the Fairhope Subdivision
Regulations. Larry Green said these changes were made to correct problems as
pointed out by the Zoning Officer at the last meeting. The changes suggested as
follows:
Add Section 503.1 All copies of Plats shall be submitted in quadfold, near letter
size. Multi -sheet plans shall be rolled with printed side out, and
Section 503.2 Modify the official agenda whereas: Deadline closing date for
subdivision items shall be not later than 3:OOPM on the First Tuesday of the month
preceding the month of meeting(e.g., items for an October 5th, 1st Monday meeting
would have to be received on or before the first Tuesday in September)
Deadline closing date for changes in zoning district shall be such as to allow 15
days for staff review and sufficient lead time for publication to appear not less than
15 days prior to hearing date. In the event that deadline falls upon a holiday or non -
business day, deadline shall be deemed to be not later than 3:OOPM of the
preceding business day. Official Agenda shall be revised to show the following:
1. Meeting date; 2. Closing Date for Zoning Changes; 3. Closing Date for
Subdivision(includes informal review). Dick Charles moved to approve changes as
recommended, Trisha LoPorto seconded and motion carried unanimously.
A public hearing was supposed to be held on a request for rezoning of Larry Hutter
from Residential Agricultural to R-3Pgh Patio Garden Homes land on the south side
of Morphy Avenue some 600 feet east of Oberg Road. Mr Lunsford reported that
due to illness the Hutters had asked that this not be heard at this time and he had
explained to them that if they withdraw this request could not be heard again for a
year. So they asked for a continuance. Trisha LoPorto moved to allow to continue
on a month to month basis, Dick Charles seconded motion. Further discussion led
to Ms. LoPorto amending her motion to say continue for 60 days, Mr. Charles
amended his second and motion carried unanimously.
Windsor Court subdivision -Phase 1-Preliminary and final approval 3 lots Brite
Construction. Lots located at Pensacola Avenue and N. Section Street.
Planning & Zoning Commission
November 2, 1998 - Page two
Bob read his comments in which he had stated that the land slopes at about 6% or
more to the north and east. That the uneven terrain will likely make the building of
structures on these lots both difficult and expensive, particularly Lot 3. That Lot 3 is
in the flood zone at the northeast corner. He recommended preliminary and final
plat approval with notice to the applicant that such approval is not to be construed
as a warranty of suitability of the land for construction and shall not operate as a
waiver of any code, law or regulation regarding structures sought to be permitted
thereon. Mr. Green called for any comments from the audience or commission.
Ms. Barrie came forth. Tim Kant asked her how in the world she planned to get a
house and driveway on lot 3? She commented that she had considered having one
driveway entering off of Pensacola Ave. crossing lot 2 to get to lot 3. She was told
that this would require an easement across lot 2 and that it would have to be
recorded and shown on the plat. It was further pointed out that there would have to
be a covenant established as far as the upkeep on the easement that states that the
property owners would be responsible as the city does not come on private property.
A motion was made by Tim Kant, seconded by Thad Ingram to give preliminary and
final conditional approval subject to the easement being created and shown on plat,
and having covenants drawn up. Motion carried with one nay vote by William
Richmond.
A subcommittee report was read by Trisha LoPorto(in file) regarding the Sandy
Ford subdivision(land of Madeline Berglin) that came up at the last meeting, which
subsequently led to Ms. LoPorto and Dick Charles being asked to form a committee
and study this further and report back to the commission after several complicated
questions arose regarding the egress/ingress. Their final recommendation was that
no action be taken at this time to undertake or approve expanded access through
the South Drive right of way to the Berglin property located East of Rock Creek.
Allen Chason spoke, saying he represented the Berglins, and basically admonished
the board for not having foreseen this happening in the future when they approved
Rock Creek. He said they should insure access to other property when approving
subdivisions.. Dick Charles said there are other ways to get in this property other
than using this 30 ft. right of way. It was mentioned that there exists a 240 ft. strip
running along the Corte's property that possibly used as an egress/ingress. No
further action was necessary as there was nothing before us regarding this at this
time and Mr. Green thanked Trish and Dick for their report.
There being no further business, meeting was duly adjourned.
There was no meeting in December 1998