HomeMy WebLinkAbout06-17-2024 Board of Adjustments Agenda PacketSherry Sullivan
Mqyor
Council Members
Kevin G. Boone
Jack Burrell, ACMO
Jimmy Conyers
Corey Martin
Jay Robinson
Lisa A. Hanks, MMC
Cicy Clerk
Ki mberly Creech
Cicy Trc«sura
16 I Nonh Seccion Screet
P.O. Drawer 429
Fairhope, Alabama 36533
251-928·2136
251-928·6776 Fax
www.fairhopeal.go\'
City of Fairhope
Board of Adjustments Agenda
5:00 PM
Council Chambers
lune 17, 2024
1. Call to Order
2.
3.
Approval of Minutes
• May 20, 2024
Consideration of Agenda Items
A. BOA 24.05 Public hearing to consider the request of the
Applicant, Katherine Boyden, acting on behalf of the Owner, Gene
Terrezza, for a Use Not Accounted For -to allow for a professional
medical office on property zoned PUD-Planned Unit Development. The
property is located at 101 Fly Creek Avenue, Suite 305 and is
approximately 8. 73 acres. PPIN#: 274526
B. BOA 24.07 Public hearing to consider the request of the
Owner, William Bolton, for a Special Exception -Use on Appeal -to
display automobiles for outside sales on property zoned M-1 -Light
Industrial District. The property is located at 7841 Porter Lane and is
approximately 0.17 acres. PPIN: 38692
4. Old/New Business
5. Adjourn
May 20, 2024
Board of Adjustments Minutes
1
The Board of Adjustments met Monday, May 20, 2024, at 5:00 PM at the City Municipal Complex,
161 N. Section Street in the Council Chambers.
Present: Cathy Slagle, Vice-Chair; Donna Cook; Ryan Baker; David Martin; Bryan Flowers;
Hunter Simmons, Planning and Zoning Director; Michelle Melton, City Planner; and Cindy
Beaudreau, Planning Clerk.
Absent: Anil Vira, Frank Lamia
Vice-Chair Slagle called the meeting to order at 5:00 PM.
Approval of Minutes
David Martin made a motion to approve the minutes from the April 15, 2024, meeting.
Ryan Baker seconded the motion and the motion carried with the following vote:
Aye: Cathy Slagle, Donna Cook, Ryan Baker, David Martin and Bryan Flowers
Nay: None.
BOA 24.03 Public hearing to consider the request of the Owner, Harold Thompson, for a 10’
front setback variance. The property is located south of Mosley Road and east of Pecan Ridge
Boulevard. The property is approximately 0.44 acres. PPIN#: 270303
Michelle Melton, City Planner, presented both cases at the same time. The cases are exactly the
same except for being two different lots. The applicant is requesting a 10’ front setback variance
for each lot in order to build further away from a platted drainage easement. Ms. Melton reminded
the Board that the subject properties’ original lot configuration was three lots and in July 2019, the
applicant re-platted those three lots to create two larger lots with a front setback of 35’.
Recommendation:
Staff recommends denial of Case BOA 24.03.
Ryan Baker asked for an explanation of the drainage easement on the properties. Ms. Melton
explained that the easement is shown on the site plan. Mr. Simmons continued that at the rear of
the properties, opposite of the street, is a drainage easement which was known during the last re-
plat of the properties and was designed that way. Mr. Simmons stated that it does not meet the
definition of a hardship.
Ms. Melton noted that there were two e-mails received from neighboring property owners which
are included in the packet and are in attendance at the meeting.
Travis Thompson, 312 Pecan Ridge Road, spoke on behalf of Harold Thompson. Mr. Thompson
explained that he would like to purchase the two properties from Mr. Thompson to build his
personal home on one of the lots. Mr. Thompson stated that he can make 40’ work, but that would
put his house in the ditch. Mr. Thompson stated that he needs at least 5’ to get out of the ditch. He
stated that his main issue is the safety of the structure. The retaining pond of the subdivision is in
his backyard, and it continues through the two subject properties.
May 20, 2024
Board of Adjustments Minutes
2
David Martin asked if Mr. Thompson had considered running a pipe across the ditch in the back.
Mr. Thompson replied that another property owner tried that, and the City of Fairhope denied his
request. Mr. Martin asked if Mr. Thompson had spoken to the City about it. Mr. Thompson stated
that he had spoken with the Planning staff. Mr. Simmons stated that a challenge with the
subdivision is that it does not have a conventional drainage system with detention/retention ponds
with conveyances. The conveyance system in this subdivision is an open ditch and that is why the
drainage easement is so wide. There is not enough depth to install a culvert.
Ms. Slagle asked how deep the lot is. Mr. Thompson replied 110’, but lot 26A starts to curve, so
he only has 40’ in depth and stated he does not really have due to the back of the house sitting in
the drainage ditch. He continued that he has roughly 70’ with the 10’ setback on the north side in
width. Mr. Simmons stated that there is a 25’ drainage easement and the front setback is 35’, so he
questioned where the additional 20’ is. If the lot was not completely graded out, then potentially
that could be done.
Mr. Martin stated that Mr. Thompson has the right to build all the way up to the drainage easement.
Mr. Thompson stated that would create a problem for the neighbors because the water would be
pushed to the neighbor’s yard. Mr. Simmons stated that another option may be to work with the
HOA to amend the bylaws to allow for larger homes in that subdivision. Mr. Thompson stated that
he needs a bigger house and just wants more off the front. Ms. Slagle stated that homes need to
built according to the size of the lot without seeking a variance.
Mr. Baker asked Mr. Thompson to confirm that he wants a larger, buildable area than what is on
the lot now and not asking for a variance due to the hardship of the ditch. Mr. Thompson stated
that he could fit the downstairs, but the top is the issue and continued that if he builds the 40’ home,
the safety of the structure could be compromised if there is a hurricane with water rushing through.
Mr. Baker reiterated that Mr. Thompson does have the 40’ to build. Mr. Simmons reiterated that
the State law on hardships, are not about finances, building a house, footprints, or personal desires.
Vice-Chair Slagle opened the public hearing at 5:19pm.
Tim Davis, 410 N. College Street, spoke about the deep drain and the water does not want to go
under the road and is concerned about where the water will go.
Mr. Simmons stated that once a building permit is received, the Building Department has a right
to look at the drainage and decide what is needed.
Mr. Thompson stated that the City of Fairhope approved the drainage so it should be able to hold.
Mr. Simmons stated that it will within the 25’ easement.
The public hearing was closed at 5:20pm.
May 20, 2024
Board of Adjustments Minutes
3
Motion:
Ryan Baker made a motion to deny BOA 24.03, per staff recommendations.
Donna seconded the motion and the motion carried unanimously with the following vote:
Aye: Cathy Slagle, Donna Cook, Ryan Baker, David Martin, and Bryan Flowers
Nay: None.
BOA 24.04 Public hearing to consider the request of the Owner, Harold Thompson, for a 10’
front setback variance. The property is located on the southeast corner of Mosley Road and Pecan
Ridge Boulevard. The property is approximately 0.44 acres. PPIN#: 270304
Motion:
Ryan Baker made a motion to deny BOA 24.04, per staff recommendations.
Donna Cook seconded the motion and the motion carried with the following vote:
Aye: Cathy Slagle, Donna Cook, Ryan Baker, David Martin, and Bryan Flowers
Nay: None.
Old/New Business
Mr. Simmons stated that there are two cases for June.
Adjournment
David Martin made a motion to adjourn.
The motion carried unanimously with the following vote:
Aye: Anil Vira, Cathy Slagle, Frank Lamia, Ryan Baker, and Bryan Flowers
Nay: None.
Adjourned at 5:27p.m.
____________________________ ________________________
Anil Vira, Chairman Cindy Beaudreau, Secretary
City of Fairhope
Board of Adjustments
June 17, 2024
BOA 24.05 -Terrezza Optical
Prolect Name:
Terrezza OQtical
Site Data:
8.73 acres
Protect T~Qe:
Use Not Accounted For: Medical Office
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
PUD
PPIN Number:
274526
General Location:
East side of U.S. HWY 98, north of Parker
Road
Survevor of Record:
N/A
Enalneer of Record:
N/A
Owner I Develooer:
Gene Terrezza
School District:
Fairhope Elementary School
Fairhope Middle and High Schools
Recommendation:
Approved w/ Conditions
Preeared b~:
Miche lle Melton
--Road
LJ 8-2 General Business District
-8--4 Business and Professional District
LJ PUD -Planned Unit Development n R-1 Low Density Single-Family Residential Disbict
LJ R-2 Medium Density Single-Family Residential District
CITY OF FAIRHOPE
P.O. Box 429
Fairhope, AL 36533
(25 1) 928-8003
BOARD OF ADJUSTMENTS & APPEALS
APPLICATION
Page 2 of6
BOARD OF ADJUSTMENTS (BOA) APPLICATION
Authority: The City of Fairhope is authorized under the Code of Alabama, 1975 to
create and establish a Board of Adjustment whose duties are quasi-judicial.
Public Notice: All BOA applications are required by State Law to give notice in both
the newspaper and to all real property owners with 300 feet of the proposed change.
The cost of this notice is paid by the applicant. All notice charges are paid at the
time of application submission.
The BOA must conduct public hearings in conjunction with all applications. At the
time of the BOA meeting all interested persons will be given the opportunity to
speak either pro or con for the proposal.
BOA Functions: The BOA performs several functions: 1) hear and decides appeals
from a decision made by an administrative official of the City of Fairhope; 2) hear
and decide on granting special exceptions as permitted in the Zoning Ordinance,
and; 3) authorize on appeal in specific cases variances to the regulations established
in the Zoning Ordinance.
Decision and Voting: The BOA is a 5 member Board. The Board will conduct a
public hearing and consider the request of the applicant. The Board has three (3)
options: 1) approve the request; 2) deny the request; table the request.
Approval of the request requires 4 of the 5 members of the BOA to vote in favor. A
simple majority does not pass.
BOA Application Submission: The BOA application must be complete. An
application is not considered complete unless all required documents are provided
at the time of submission. An incomplete application may not be accepted by staff.
Deadlines: The City of Fairhope wishes to expedite the BOA process in the best and
most effective manner possible. To that end, it is important that deadline times and
dates are adhered to by the applicant (refer to the attached schedule for dates and
times)
Page 3 of6
BOARD OF ADJUSTMENTS (BOA) FLOW CHART
Consultation with Staff
BOA Application
Submittal
Staff Review of
Submission
BOA Consideration of
Application
Disapproval ,
Appeal tnust be filed at
Circuit Court and notice
given t o BOA of appeal
within 15 days of Hearing
Approval
Completed Applies.lion
Site Plan with Existing
Conditions
Site Plan with Proposed
Layout
Map of adjacent
-properties with zoning
Names and addresses of
property owners with.in
300 ft.
APPLICATION FOR BOARD OF ADJUSTMENTS
Application Type: 0 Administrative Appeal D Special Exception
Owner / Leaseholder Info
Name:
Street
City:
Applicant / Agent Information
If differ ent from abo,•e.
v owner is requh"ed if •
Site Plan with Existing Conditions Attached:
Site Plan with Proposed Conditions Attached:
Variance Request Information Complete:
Names and Address of all Real Property Owners
within 300 Feet of Above Described Property Attached:
<[i) NO
~ NO
~NO
@No
Applications for Administrative Appeal or Special Exception:
Page 4 of6
D Variance
Please attach as a separate she et(s) "info nnation regarding the administrative de01sion made or information
re gard ing the us.e seeking approval. Please feeJ free to be as specific or as general as you wish in your description.
This information will be provided to the .Board before the actual meeting da te. lt is to yo ur bepefit to explain as
much as possible your position or proposa l.
I certify that I am the property owner /leaseholder of the above described property and hereby
submit tru.s application to the City for review. *If property is owned by Fairhope Single Tax
CoUJ. an authorized Single Tax representative shall sign thls application.
Pto~ot,J~~~ Prmted ~rune -S1-.gn-a~l ~~=.~-~+>(,,...J),_,1J,"'l-,OQ,_.., ______ _
5·\ 11-i4
Date Fairhope Single Tax Corp. (lf Applicable)
VARIANCE REQUEST INFORMATION
What characteristics of the property prevent / preclude its developme~t?:
D Too Narrow
D Too Small
D Too Shallow
D Elevation
D Slope
D Shape
□ Soil
D Subsurface
00 Other {specify)
What type of variance are you requesting (be as specific as possibl e )?
Page 5 of6
O,W~I ~,&$: ~~JjW ~J¥illi U" CljifiW
Hardship (taken from Code of Alabama 197 5 Section 11 -52-80):
'To authorize upon appeal in specific cases s uch variance from the terms of the (zoning) ordillance as will not
be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provision of
th e izoning) ordinance will result in unnecessary hardship and so that the spirit of the (zoning) ordinance
shall be observed and substantial justice done."
BOA Fee Calculation:
Residential Commercial
F ilin g Fee: $·100 $500
Publication: $20 $20
TOTAL: $
I certify that I am the property owner /leaseholder of the above described property and hereby
submit this application to the City for review. *If property is owned by Fairhope Single Tax
Co!l). an au t horized Single Tax representative shall sign this application.
Gen! 1 mt 1U\ _,_.l'+"'-"'i@,_1.___.,~....,..,.,o I l\""-M' &::--=---.,, ----
Property Owner/Leaseholder Printed Nrune Sigriature0 l~
'S\-:J--17>f
Date Fairhope Single Tax Corp . (If Applicable)
Page 6 of6
CERTIFICATION OF PROPERTY OWNER NOTIFICATION LIST
As Required by the City of Fairhope
Hearings on Board of Adjustments & Appeals applications require notification
to all property ow:qers within 3.00 feet of the property under consideration for
the change. This list must be the most current property owners' records
available from the Baldwin County Revenue Office.
By signing below, I \(p.b(,11g_ ~~ , (applicant) do hereby certify that
the property owner list attached ~s application was obtained from the
Baldwin County Revenue Office and i s a complete list of all real property
owners/lessees within 300 feet of the parcel submitted for consideration by the
Board of Adjustments & Appeals.
Signature of Applicant o~rized Agent Date of Application
1 BOA 24.05 Terrezza Optical
June 17, 2024
Summary of Request:
Applicant Katherine Boyden, on behalf of Gene Terrezza, is requesting a Special Exception to allow
Terrezza Optical medical clinic at 101 Fly Creek Avenue, Suite 305. The property is zoned PUD (Fly
Creek PUD), and the requested clinic use is permitted only on appeal and subject to special conditions.
Comments:
The City of Fairhope Zoning Ordinance defines a Special Exception as follows:
Special Exception: Permission granted by the Board of Adjustment for a use indicated in this
ordinance as a use limited to a special exception procedure, subject to conditions specified in
this ordinance and any conditions the Board deems necessary to ensure that community
interests are furthered by permission of the use.
The review criteria for a use appeal is as follows:
Article II. Section C.e(2)
Any other application to the Board shall be reviewed under the following criteria and relief granted
only upon the concurring vote of four Board members:
(a) Compliance with the Comprehensive Plan:
Response: Complies
(b) Compliance with any other approved planning document;
Response: Complies
(c) Compliance with the standards, goals, and intent of this ordinance;
Response: Complies
(d) The character of the surrounding property, including any pending development activity;
Response: Complies
(e) Adequacy of public infrastructure to support the proposed development;
Response: No issues noted.
(f) Impacts on natural resources, including existing conditions and ongoing post‐development
conditions;
Response: No issues noted.
(g) Compliance with other laws and regulations of the City;
Response: No issues noted.
(h) Compliance with other applicable laws and regulations of other jurisdictions;
Response: No issues noted.
(i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values;
Response: No issues noted.
2 BOA 24.05 Terrezza Optical
June 17, 2024
(j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: No issues noted.
(k) Overall benefit to the community;
Response: The use proposed will provide a medical clinic service for the community.
(l) Compliance with sound planning principles;
Response: No issues noted.
(m) Compliance with the terms and conditions of any zoning approval; and
Response: No issues noted.
(n) Any other matter relating to the health, safety, and welfare of the community.
Response: No issues noted.
Staff Recommendation:
Staff recommends APPROVAL of the appeal for clinic use for the site known as Terrezza Optical.
N'J Y REPROOUC TION. REU SE. OR WOO i RCA n~ OF lH IS DOC\JM Em IS S"m lC"TI.. y FORBICCE:N WllHOUT
'TliE ~'R 1TTE,N CONSENT OF' THE O"M£R CK F'RAM EWORX, U.C ntE PURCHAS E Cf' Tiil S OQCUW:ENT DOES
NOT C~STi l\.1 1£ THE OlilHERSHIP Cf lllE OOCUM EtfT, BUT 'SER VES AS A. FEE FOR THE ONE llME
RIG-ff 10 C,ONSTRUCT lHE DESIGN COU.6.!NED HERE IN. ~NY UNit,U~CfiJ ZE D REPROOUC TI~. li:EUSE, 00
MCCI FlCATl°" CF THl'i DOClJllltN T WLL BE PROSECUTED 10 THE FU LL EXlENT. Cf" TliE LA W.
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1. ALL EXISTI NG AS-BU ILD DIMENS IONS AR E APPROX IMATE AND
SHOU LD BE FIEL D PRIOR TO CONSTRUC TI ON .
2. EXISTI NG DROP CEILI NG TO REMAIN UN LE SS REP AIRS OR REPLAC EMENTS NEED ED .
3. ALL EXISTI NG DIMENS IONS AR E TAKEN FROM INS IDE WA LL S.
4. EXISTI NG WA TE R FOU NTAIN TO BE P EL OC A TED TO NEW WA LL ,
5. CON TRAC TOR TO VER IF Y LOCA TI ON OF HVAC.
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TOTAL 3,40 1 SO FT
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0Ao'l."M.-BY ! OiEo:.[]) BY :
SUP BMP
SH EET NOA -2
O-O oPTICAL
FAIRHOPE
Authorization Letter
May 9, 2024
To Whom It Ma y Concern:
I, Dr. Gene Terrezza, hereby authorize Katheri ne (Kat) Boyden of Terrezza Optical
Group to represent me and to act on my behalf in regard to the app lication for
board of adjustments of the city of Fairhope.
Sincerely,
~
Gene Terr ezza, OD
BOA 24.07 - Bolton Automotive
City of Fairhope
Board of Adjustments
June 17, 2024
SPRING RUN DR
INGLESIDE AVEGREENO RDPORTER LN
MIDDLE ST
LLOYD LN S INGLESIDE STCOMMERCIAL PARK DRGREENO RD SPORTER LN
MIDDLE ST
Road
B-2 General Business District
B-4 Business and Professional District
M-1 Light Industrial District
R-1 Low Density Single-Family Residential District
R-2 Medium Density Single-Family Residential District
µ
µ
Project Name:
Bolton Automotive
Site Data:
0.17 acres
Project Type:
Special Exception: Use on Appeal
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
M-1
PPIN Number:
38692
General Location:
East side of South Ingleside Ave, north
of Porter Lane
Surveyor of Record:
N/A
Engineer of Record:
N/A
Owner / Developer:
William Bolton
School District:
Fairhope Elementary School
Fairhope Middle and High Schools
Recommendation:
Denial
Prepared by:
Mike Jeffries
D -D
D
D
Page 4 of 6
APPLICATION FOR BOARD OF ADJUSTMENTS
Application Type: D Administrative Appeal ~ Special Exception D Variat1ce
Property Owner / Leaseholder In.formation
Name: \,.J~\\,O.,t'A ~llif\ Phone Number: 8'5\-4Jo-51.J7tD
Street Address: tJ 8iU_ ih.f-xfr ~
City: • State: -Al--Zip: ......:3=<.D=S=J=d-~----
Applicant / Agent Information
If diffcrcn from above
Name:
Notarized letter from property c.wner 11; r equired 1r an agent is used for representauon
Phone Number:
Street Address:
City: State: Zip:
Site Plan with Existing Conditions Attached:
Site Plan with Proposed Conditions Attached:
6) NO
§) NO
Variance Request Information Complete: YES NO
Names and Address of all Real Property Owners
within 300 Feet of Above Described Property Attached: & NO
Applications for Administrative Appeal or Special Exception:
Please attach as a separate sheet(s) information regarding the administrative decision made or information
regarding the use seeking approval. Please feel free to be as specific or as general as you wish in your description.
This infonnation will be provided to the Board before the actual meeting date . Jt is to your benefit to explain as
much as possible your position or proposal.
I certify that I am the property owner/leaseholder of the above described property and hereby
submit this application to the City for review . *If property is owned by Fairhope Single Tax
Corp. an authorized Single Tax representative shall sign this ap lication.
\tJ~\\\~ ~~a v . Property Owner/Leaseholder Printed Name
B tv'll'---1 aQ:b 1
Date Fairhope Single Tax Corp . (If Applicable)
VARIANCE REQUEST INFORMATION
What characteristics of the property prevent / preclude its development?:
D Too Narrow D Elevation □ Soil
D Too Small D Slope D Subsurface
D Too Shallow D Shape [ell Other (specify)
How do the above indicated char,acteristics preclude reasonable use of your land?
~•, ti,,. ,w( Jl-.J t.,,,4{"' ._, v'ftJIA<.
Hardship (taken from Code of Alabama 1975 Section 11-52-80):
Page 5 of6
' -1,.-,,_.,
"To authorize upon appeal in specific cases such variance from the terms of the (zoning) ordinance as will not
be contrary to the public interest, where, owing to special conditions, a literal enforcement of t he provision of
the (zoning) ordinance will result in unnecessary hardship and so that t he spirit of the (zoning) ordinance
shall be observed and substantial justice done ...
BOA Fee Calculation:
Residential Commercial
Filing Fee: $ 1 00 $500
Publication: $20 $20
TOTAL: $
I certify that I am the property owner /leaseholder of the above described property and hereby
submit this application to the City for review . *If property is owned by Fairhope Single Tax
Corp. an authorized Single Tax representative shall sign this a pl"cation.
\\J ·,\ \ ,(1.<D \iw. \\lv-Bo \½o
Property Owner/Leaseholder Printed Name
os\\3\:aod~
Date Fairhope Single Tax Corp. (If Applicable)
CITY OF FAIRHOPE
P.O. Box 429
Fairhope, AL 36533
(251) 928-8003
BOARD OF ADJUSTMENTS & APPEALS
APPLICATION
Page 2 of6
BOARD OF ADJUSTMENTS (BOA} APPLICATION
Authority: The City of Fairhope is authorized under the Code of Alabama, 1975 to
create and establish a Board of Adjustment whose duties are quasi-judicial.
Public Notice: All BOA applications are required by State Law to give notice in both
the newspaper and to all real property owners with 300 feet of the proposed change.
The cost of this notice is paid by the applicant. All notice charges are paid at the
time of application submission.
The BOA must conduct public hearings in conjunction with all applications. At the
time of the BOA meeting all interested persons will be given the opportunity to
speak either pro or con for the proposal.
BOA Functions: The BOA performs several functions: 1) hear and decides appeals
from a decision made by an administrative official of the City of Fairhope; 2) hear
and decide on granting special exceptions as permitted in the Zoning Ordinance,
and; 3) authorize on appeal in specific cases variances to the regulations established
in the Zoning Ordinance.
Deci.sion and Voting: The BOA is a 5 member Board. The Board will conduct a
public hearing and consider the request of the applicant. The Board has three (3)
options: 1) approve the request; 2) deny the request; table the request.
Approval of the request requires 4 of the 5 members of the BOA to vote in favor. A
simple majority does not pass.
BOA Application Submission: The BOA application must be complete. An
application is not considered complete unless all required documents are provided
at the time of submission. An incomplete application may not be accepted by staff.
Deadlines: The City of Fairhope wishes to expedite the BOA process in the best and
most effective manner possible. To that end, it is important that deadline times and
dates are adhered to by the applicant (refer to the attached schedule for dates and
times)
Page 3 of6
BOARD OF ADJUSTMENTS (BOA) FLOW CHART
Consultation with Staff
BOA Application
Submittal
Staff Review of
Submission
BOA Consideration of
Application
Disapproval
Appeal must be filed at
Circuit Court and notice
given to BOA of appeal
within 15 days of Hearing
Approval
Completed Application
Site Plan with Existing
Conditions
Site Plan with Proposed
Layout
Map or adjacent
properties with zoning
Names and addresses of
property owners within
300 ft.
1 BOA 24.07 Bolton Automotive 7481 Porter Lane – June 17, 2024
Summary of Request:
Applicant, William Bolton, is requesting a special exception to allow outdoor automotive sales at 7841
Porter Lane. The subject property is zoned M‐1, Light Industrial district. According to the City of Fairhope
Zoning Ordinance Article III, Section A(15):
M-1 Light Industrial District: This district is intended to provide a suitable protected environment for
manufacturing, research and wholesale establishments which are clean, quiet and free of hazardous or
objectionable emissions, and generate little industrial traffic. Industrial parks should be encouraged.
Locations should be in accordance with comprehensive plans.
Additionally, Article IX, Section B(4)(h) states the following:
Outdoor Sales Lot‐ retail use where a significant portion of the merchandise, either in area or in
business value, is typically stored outside during business hours.
Comments:
Subject property currently does not have access from Porter Lane although that is the official address.
Porter Lane is a private road. An address is needed for a building permit application, which the Applicant
previously pulled. It is not a City of Fairhope ROW. Staff consulted Baldwin County and they confirmed
Porter Lane was not their ROW either. Porter Lane appears on plats as an easement, unopened ROW, and
as “Reserved for Public Road.” Currently legal access to this property has not been provided.
Figure 1: Porter Lane
Figure 2: Slide 2081‐E excerpt circa 2002
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ii~ FA IRHOPE , ,t.~ Je!SJ.1 r AIRHOPt, M. 30:S32
POINT OF BECINNING ~ :=ti: I 1
2" OPol-t OP t:rj IRON Ptr>E FOUND -tq
1---3 i/ PORTER LANE ~• l'f-0 -W (~PA\ltO)
E:AST ?~8.651 •aAS I$ °' f!CAAINGS" --~ 20,00' 10( 38' 1 I f 1-44,:V' ' [AST t09_,e5 /-
2 BOA 24.07 Bolton Automotive 7481 Porter Lane – June 17, 2024
The Applicant owns the property to the north, but it appears access is blocked by the existing
building built at the rear of the property extending almost lot line to lot line.
Figure 3: Existing Conditions.
N
o 42.00§ ~ D
3 BOA 24.07 Bolton Automotive 7481 Porter Lane – June 17, 2024
The City of Fairhope Zoning Ordinance defines a special exception as follows:
Special Exception: Permission granted by the Board of Adjustment for a use indicated in this
ordinance as a use limited to a special exception procedure, subject to conditions specified in
this ordinance and any conditions the Board deems necessary to ensure that community
interests are furthered by permission of the use.
The Board of Adjustments is authorized to grant special exceptions through Article II.A.d(2) which
states the following:
d. Duties and Powers: The Board shall have the following duties and powers:
(2) Special Exceptions ‐ To hear and decide special exceptions to the terms of this ordinance upon
which the board is required to pass under this ordinance.
The Ordinance provides guidance for special exception requests through the following criteria:
Article II.C.3.e.
Criteria ‐ (2) Any other application to the Board shall be reviewed under the following criteria and relief
granted only upon the concurring vote of four Board members:
(a) Compliance with the Comprehensive Plan;
(b) Compliance with any other approved planning document;
(c) Compliance with the standards, goals, and intent of this ordinance;
(d) The character of the surrounding property, including any pending development activity;
(e) Adequacy of public infrastructure to support the proposed development;
(f) Impacts on natural resources, including existing conditions and ongoing post‐development
conditions;
(g) Compliance with other laws and regulations of the City;
(h) Compliance with other applicable laws and regulations of other jurisdictions;
(i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and
property values;
(j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical
impacts, and property values.
(k) Overall benefit to the community;
(l) Compliance with sound planning principles;
(m) Compliance with the terms and conditions of any zoning approval; and
(n) Any other matter relating to the health, safety, and welfare of the community.
When a special exception is granted by the Zoning Board of Adjustment it has the following effect:
Article II.C.3.f.
Effect of Appeal – An appeal to the Board stays all legal proceedings in furtherance of the
application appealed from unless the Director certifies to the Board that a stay would cause
imminent peril to life and property. In such cases, proceedings will not be stayed, unless by
4 BOA 24.07 Bolton Automotive 7481 Porter Lane – June 17, 2024
operation of a court of competent jurisdiction. If an appeal fails for any reason, the stay shall be
lifted.
Analysis and Recommendation:
Special Exception Criteria:
(b) Compliance with any other approved planning document
Response:
As indicated in the City of Fairhope Zoning Ordinance Article III, Section B., Table 3‐1 Use Table, an
outdoor sales lot in M‐1 may be permitted only on appeal and subject to special conditions. The
Applicant desires to use the subject property for automotive sales. Depicted below is an image of the
existing conditions of the site. The applicant also provided a site plan.
Figure 4: Existing Conditions
5 BOA 24.07 Bolton Automotive 7481 Porter Lane – June 17, 2024
Figure 5: Site Development Plan
Improvements consist of a gravel parking area that is compacted for vehicular traffic.
The above site plan depicts the proposed site; however, it does not specifically identify the outdoor sales
area. The site plan should be revised to identify where the outdoor sales are as well as specifically state
the items that will be located outside and available for purchase.
Figure 6: Tree Removal Plan.
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6 BOA 24.07 Bolton Automotive 7481 Porter Lane – June 17, 2024
The Tree Ordinance is applicable to this property and all heritage trees are protected. A previous building
permit was submitted to build the same parking lot and was denied. Several trees are shown on the
above plan. It is important to note the plans submitted are not stamped by a surveyor, engineer, or
architect. The Tree Ordinance requires a landscape plan to be drawn by a licensed landscape architect
or state certified landscape designer.
Several uncertainties exist with this project from the location and intensity of the outdoor sales
to the legal access to the property. A vehicular use sales lot without legal access is very concerning
to staff.
Recommendation:
Staff recommends the Board of Adjustment DENY the proposed Special Exception for the subject
property to allow outdoor sales lot in this M‐1, Light Industrial Zoning District due to lack of access,
excessive traffic that would be generated along Porter Lane (if legal access was cleared) through the
surrounding residential area, and the proposed removal of every heritage tree on the property.
REVISIONS -
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FOR PERMITTING ONLY
SITE DEVELOPMENT PLAN
BOLTON PARCEL
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ADJACENT PROPERTY OWNERS
G) -05-45-04-20.1.000-042.005
BCM..TON, WI.H AM WALTE R
PO BOX 1348 , F.AI RHOPE .AL 36533
M7ACRES
@-05-4&.04-20.1.000-044.000
JAAHANTRA.J PALESTIN E L LGETALJSN HOT EL AN OS LL C
19751 S GREENO RD, FAIRI-K)PE., AL 36532
2.1 ACRES
® CITY OF FAI RHOPE EASEMENT
@)-05-46-()4.2().1.000.052.001
PORTER, OOYL E ETIJX JOELLEN
711 NIC HO LS AVE, FAIRHOP,E,Al.38532
0.48ACRES
® 05-48-04-20-1-000-042.002
'MIJDLE EARTH LLC
25 RIV ER RTE , MAGNOLIA SP RNGS, AL 381-55
1.54ACRES
® -05-4&.()4.20.1.000-048.000
:EASTERtt SHO RE MEDICAL PLAZA U.C
19725 S G RE ENO RD, FAllliOPE. AL 36532-.J.843
2.69ACRES
(J) 05-46-04-20-1-000-049.000
PORTER, ROBERT G JR ETA!.. PORTER. JUDY C
15839 TRAFALGAR DR , MACOMB, Ml 480U
-0.!iOACR ES
REVISIONS
NO. DATE DESCRIPT ION APl'RO\/ED
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----------------------------------------------------
T HE SE D RAWll'IGS A RE
NOT TO BE USED FOR
CO NSTRUCTION.
BI DDIN G, RECORDATI ON,
CO NVEYANC E. SALES.
OR AS THE BASIS FOR
THE ISSU ANCE OF A
PERMIT
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BEAUFORT ENG IN EER IN G SERV ICES JOBNOe
_311 m s_AVE NUE FAI RHOP E, ALABAMA36532PHOl'IE : 251 •929'<l55 1 FAX: 25 1-9g9-<1552 _ X
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LEGEND
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PROPERTY LINE
.A.OJ. PRO PE:ATY U,,E
EX . MAJOR CONTOUR LIN E
EX . MI NOR COtCTOUR l ~E
CENTERUIE
PQ INfOf BEG INN ING
TREE TYF'E & CI RCUMFERENCE
AOJACEHT PROPERTY
Oi/llNMSKEY
EX. RO"°1'ASIPHALT
El<.lllOO.
EX. CONC.
PARCEL INFO
PARCE L NUM BER: -M-000-042.000
PIN :
SITE DATA TAB LE
PROPERTY A DDRESS: 711A 1 l'OR'IEfl Uf,
ZO NING: t.1 U GtfT IHDUSTRW.
SECTION'TOWNsHll'IR,',NGE 2~S-2E
TOT/\1.$111;: ;M1l1 Sf" I 0.2< ACR~S
PROPOSED USE: COMMERQAL
MltilMUM SETBACKS: NOHE
LEGAL DESCRIPTION
STATE OF AI.ABMtll
COU/II TY OF BAL.OWi/ii
1M ' X !l9' FROM NE C~ER OF SECT ION 20. RU~ SOUT M A
DISTA NCE OF 1335 FEET ~WEST A DISTANCE 0~ &IP
FEET TO T HE PDIITT OF BEG llff~G, THENCE OON11NUE
WEST 108 FE ET, THENCE NORTH 9Q FEEf, THENCE EAST 108
FEET, THENCE SOUTH 99 FEET TD THE POIITT O F BE GINl'IING
CO"TAli..lN G 10,092 SQUARE FE~T (0.2~ACRES), MORE Ofi
LESS .
ONE ltl C,..,0'-0'"
5' "
1111h
ID'
FOR PERMITTING ONLY
SIT E SURVEY
OIL\W~
BOLTON PARCEL S1 784 1 PORTER LANE
FAIRH OPE, AL 36532
OES IGl'tED B't': OiECl(EO BY: DA.re
05-1 f>.2024 SHEET or xx.
Rl:VISIONS
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TREE DEMOLITION PLAN
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