HomeMy WebLinkAbout03-18-24 Board of Adjustments MinutesL
March 18, 2024
Board of Adjustments Minutes
The Board of Adjustments met Monday, March 18, 2024, at 5:00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Anil Vira, Chairman; Cathy Slagle, Vice-Chair; Frank Lamia; Donna Cook; Ryan Baker;
Hunter Simmons, Planning and Zoning Director; Michelle Melton, City Planner; and Cindy
Beaudreau, Planning Clerk.
Chairman Vira called the meeting to order at 5:00 PM.
Approval of Minutes.
Ryan Baker made a motion to approve the minutes from the November 20, 2023, meeting.
Cathy Slagle seconded the motion and the motion carried with the following vote:
Aye: Chairman Vira, Cathy Slagle, Frank Lamia, Donna Cook, and Ryan Baker.
Nay: None.
BOA 24.02 Public hearing to consider the request of the Applicant, Laura Ashleigh Strickland
d/b/a Insight Counseling, LLC, on behalf of the Owner, FST and Don E. Mason, for a Use Not
Provided For -to operate a Professional Medical Office on property zoned as a PUD -Planned
Unit Development. The property is approximately 0. 78 acres and is located at 19973 State
Highway 181, Suite B-4. PPIN#: 262315
Michelle Melton, City Planner, explained the request. The subject property is part of the
Moorehaven Village PUD which provides the following as a use: "only 7 duplex residential
structure and 2 B-4 business and professional buildings shall be allowed". Ms. Melton explained
the intentions of B-4 zoning and the definition of a "professional office" per the Fairhope Zoning
Ordinance.
Recommendation:
Staff recommends approval of Case BOA 24.02.
Hunter Simmons, Planning and Zoning Director, explained all medical uses fall under the
definition of a clinic, but some uses are not clear whether they should be "professional office" or
"clinic". To address these uses, Amendments can be made to the Zoning Ordinance or staff can
bring each case to the Board of Adjustments for consideration. Mr. Simmons asked for guidance
on how to handle similar future cases.
Cathy Slagle asked if one is dependent on another. Mr. Simmons stated without amendments,
Board decisions can set a precedent.
Ryan Baker asked what defines this as medical versus non-medical. If it is a counseling office,
how is that a medical office? What about church counseling, which would obviously not be a
medical office. Mr. Baker continued that if this individual is not prescribing medications, then it
is more of a business office.
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March 18, 2024
Board of Adjustments Minutes
Mr. Lamia and Mr. Simmons discussed that volume of patients and extended hours are oftentimes
used to make distinctions between medical offices and professional offices. Mr. Lamia stated that
specific criteria for each application should be considered.
Mr. Simmons stated that the criteria could be drawn a little clearer about what can come to Board
of Adjustments or amend the Zoning Ordinance to allow this use by right.
Ms. Slagle stated that she prefers to review each case to see where each fits in. Mr. Simmons listed
a few of the previous cases and stated that staff will continue to bring these types of cases to the
Board of Adjustments for review.
Donna Cook asked if this could be approved with conditions on volume. Mr. Simmons stated that
the square footage is already there. If building permits come in and more units are added, then the
case would be brought back to the Board of Adjustments and does not think that conditions are
necessary on this specific case.
Ashleigh Strickland explained that what she does would not be considered medical. If there was
something more serious, she would do a referral and continued that she would not be writing
prescriptions. Ms. Strickland shared where she did her internship and at most, they would see
between four and six patients a day. That is the volume she expects at her business.
Mr. Lamia asked if she would work Monday through Friday. Ms . Strickland agreed that those
would be her days and if she received after hour calls, she would refer them to the hospital.
Chairman Vira opened the public hearing at 5: l 9pm. Having no one present to speak, the public
hearing was closed at 5: l 9pm .
Motion:
Frank Lamia made a motion to approve BOA 24.02.
Cathy Slagle seconded the motion and the motion carried unanimously with the following vote:
Aye: Chairman Vira, Cathy Slagle, Frank Lamia, Donna Cook, and Ryan Baker.
Nay: None.
Old/New Business
Mr. Vira asked if there was an April meeting. Mr. Simmons stated that there is one case for April ,
if the required paperwork is received in time .
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March 18, 2024
Board of Adjustment s Minutes
Adjournment
Cathy Slagle made a motion to adjourn.
The motion carried unanimously with the following vote:
Aye: Chairman Vira, Cathy Slagle, Frank Lamia, Donna Cook, and Ryan Baker.
Nay: None.
Adjourned at 5:2lp.m.
Anil Vira, Chairman CindyBeudreau,Secreta
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