HomeMy WebLinkAbout06-17-2024 Board of Adjustment Minutesl
I
J
June 17, 2024
Board of Adjustments Minutes
The Board of Adjustments met Monday, June 17, 2024, at 5:00 PM at the City Municipal Complex,
161 N. Section Street in the Council Chambers.
Present: Anil Vira, Chair; Cathy Slagle, Vice-Chair; Donna Cook; Frank Lamia; Bryan Flowers;
Mike Jeffries, Development Services Manager; Michelle Melton, City Planner; and Cindy
Beaudreau, Planning Clerk.
Absent: Ryan Baker
Chairman Vira called the meeting to order at 5:00 PM.
Approval of Minutes
Cathy Slagle made a motion to approve the minutes from the May 20, 2024, meeting, revising the
adjournment list to reflect those in attendance.
Bryan Flowers seconded the motion and the motion carried with the following vote:
Aye: Anil Vira, Cathy Slagle, Donna Cook, Frank Lamia, and Bryan Flowers
Nay: None.
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
Michelle Melton, City Planner, presented 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. Ms. Melton shared the
zoning and aerial maps.
Recommendation:
Staff recommends approval of BOA 24.05.
Cathy Slagle asked to be shown where the medical office would be located. Ms. Melton showed
the floor plan of the shopping plaza and stated that Terrezza Optical will be using three of the
spaces in that plaza.
Frank Lamia asked if the office was a general practitioner in eye care and whether they do surgery.
Ms. Slagle asked if the office is an optical office and whether it was run by an optometrist or
ophthalmologist.
Ms. Boyden stated that they do not perform surgery in the office, and it is run by an optometrist.
They treat glaucoma, diabetic retinopathy, and macular degeneration. Ms. Boyden stated that they
are a medical facility along with an optical office for patients that they write prescriptions for
glasses.
l
l
J
June 17, 2024
Board or Adjustments Minutes
Chairman Vira opened the public hearing at 5:07pm. Having no one present to speak, the public
hearing was closed at 5:07pm.
Motion:
Cathy Slagle made a motion to approve BOA 24.05.
Frank Lamia seconded the motion and the motion carried unanimously with the following vote:
Aye: Anil Vira, Cathy Slagle, Donna Cook, Frank Lamia, and Bryan Flowers
Nay: None.
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-l -
Light Industrial District. The property is located at 7841 Porter Lane and is approximately 0.17
acres. PPIN: 38692
Mike Jeffries, Development Services Manager, presented 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. Ms. Jeffries shared the zoning and aerial maps. Mr.
Jeffries shared the M-1 Light Industrial and Outdoor Sales Lot explanation portions of the Zoning
Ordinance. Staff is concerned with there being no legal access to the property.
Recommendation:
Staff recommends denial of BOA 24.07 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.
Mr. Lamia asked who owned Porter Lane. Mr. Jeffries replied that is unknown. It is being used as
a private drive for the handful of residents that live along it. Donna Cook asked how wide it is.
Mr. Jeffries stated that, from the tax map, there is a 40' bulge in the middle of it with 20' on the
east and west sides. Mr. Jeffries listed several ways on how Porter Lane may have come to exist,
but there is no definitive explanation.
William Bolton explained that he bought the property from Summerdale Farmer's Association in
Silverhill, which is now defunct and also owns 766 Middle Street. He stated that he does not need
access from Porter Lane, Ingleside or Greeno. He can access the property from there. Mr. Bolton
continued that he needs a place to store his vehicles in order to keep his Wholesale Dealer License.
He needs an address to meet the rules for the Alabama Wholesale Dealer License. There is access
to that property from 766 Middle Street and he would be the only one going to 7841 Porter Lane
and would bring the vehicles to a customer.
Mr. Lamia and Ms. Slagle both stated that his explanation was different than what was submitted
and that it should be resubmitted.
Mr. Bolton stated that he could use mulch instead of gravel for the parking on that lot and he has
not and does not need to remove any heritage trees
2
l
I
J
June 17, 2024
Board of Adjustments Minutes
Ms. Slagle asked Mr. Bolton to show her where 766 Middle Street was. Mr. Bolton shared the
aerial which shows the location with buildings A and B along with the area where there is enough
space to access 784 l Porter Lane.
Ms. Slagle asked what types of businesses were on his property. Mr. Bolton stated that there are
multiple businesses: an Engineering and Architecture business, athletic club, dump truck business,
antique car business, and an automotive accessory supplier business. Ms. Slagle asked if the
buildings were one story and ifthere was adequate parking. Mr. Bolton replied that both buildings
have two stories and there is adequate parking.
Mr. Lamia asked Mr. Jeffries that since what Mr. Bolton is asking is not what was presented on
the agenda, are they able to do anything. Mr. Jeffries suggested that the best course of action would
be to table the request until the next meeting.
Mr. Bolton stated that all he is asking from the City is pennission to use 7841 Porter Lane for his
Wholesale Dealer License. Mr. Jeffries stated that staff cannot say that with Mr. Bolton saying the
property will be left empty and will only be used as a shell address . If the Board approves the
request for an outdoor lot and it gets sold, that individual would be approved for that use by right
and could store cars there and tum it into an outdoor sales lot.
Ms. Slagle asked if the address would then be 766 Middle Street, building C. Mr. Bolton replied
no, it is a separate piece of property addressed as 7841 Porter Lane which was given to him by e-
911. Mr. Jeffries stated that the City's Planning Department provided that as a temporary address
for a building permit. The address can be pulled back if the building permit is not acted upon.
Ms. Slagle asked how much space is between building Band the side of the property. Mr. Bolton
replied 20'. Ms. Slagle asked if there was a setback or just a driveway. Mr. Jeffries stated that if a
driveway were to be installed, the Tree Ordinance would require vehicular use area buffers that
would need to be installed. If that happened, the property would need to be reviewed for the access
going back to the other property. The City of Fairhope's Multiple Occupancy Project (MOP) that
gets triggered ifthere are three or more businesses on a property. This property has not gone before
the Planning Commission for approval of an MOP. Mr. Bolton stated that the businesses have been
there for 20 years.
Mr. Lamia asked if this project should have come before the Board of Adjustments. Mr. Jeffries
stated that yes, it would still need to be approved by the Board of Adjustments due to the Special
Exception. Staff will still need to see what the parameters for the parking lot would be, the
screening for the adjacent properties and Mr. Bolton would need to grant himself the easement.
Mr. Bolton stated that his license requires that he have two parking spaces.
Ms. Slagle asked Mr. Bolton if he would revise his application and resubmit next month if the
Board of Adjustments agreed to table his request. Mr. Bolton stated that he would. Mr. Jeffries
suggested that Mr. Bolton table his request and meet with staff to discuss his proposed use.
Chairman Vira opened the public hearing at 5:30pm. Having no one present to speak, the public
hearing was closed at 5:30pm.
3
l
l
J
June 17, 2024
Board of Adjustments Minutes
Motion:
Frank Lamia made a motion to table BOA 24.07 until next month.
Cathy Slagle seconded the motion and the motion carried with the following vote:
Aye: Anil Vira, Cathy Slagle, Donna Cook, Frank Lamia, and Bryan Flowers
Nay: None.
Old/New Business
• BOA 23.05 -Request of applicants, Max and Emily Hansen, for a one-year extension on
the 15' variance to the street side setback located at the southeast comer of Patlynn Drive
and Greenwood A venue.
Mike Jeffries, Development Services Manager, presented the request and stated that the variance
request expires from one year from approval if the variance has not been acted upon and recorded
with Probate. None of the variables have changed. This is a comer lot which reflects a 35' setback
along Patlynn Drive and Greenwood Avenue. Comer lots are allowed a 20' side street setback on
the lot line with the greatest dimension per the Zoning Ordinance. This variance request is to
establish the front line and side street lot line. The proposed setback relief establishes the front line
as being adjacent to Greenwood Avenue.
Staff recommends approval of the one-year extension request for BOA 23.05, 686 Greenwood
A venue, requesting a 15' setback variance on the western property line abutting Patlynn Drive.
Ms. Slagle asked if the variance has been recorded with Probate. Mr. Jeffries stated no. A note is
added to the Notice of Actions and staff tries to state in public meetings as often as possible that
any variance needs to be acted upon and recorded the document with Probate.
Emily Hansen stated that she did not read the bottom of the Notice of Action and that, if she is
granted the extension, she will act on it immediately. She continued that they are ready to begin
on the project.
Chairman Vira asked if anyone from the public wanted to speak. No one was present that wanted
to speak.
Motion:
Frank Lamia made a motion to approve BOA 23.05 for a one-year extension.
Donna Cook seconded the motion and the motion carried with the following vote:
Aye: Anil Vira, Cathy Slagle, Donna Cook, Frank Lamia, and Bryan Flowers
Nay: None.
Mr. Jeffries stated that a new Notice of Action will be prepared and sent to the Hansens and that
is what will need to be recorded with Probate , which should be done after submittal for a building
permit.
4
l
I
J
June 17. 2024
Board of Adjustments Minutes
• Mr. Jeffries stated that there are two cases for July.
Adjournment
Cathy Slagle made a motion to adjourn.
The motion carried unanimously with the following vote:
Aye: Anil Vira, Cathy Slagle, Donna Cook, Frank Lamia, and Bryan Flowers
Nay: None.
Adjourned at 5:38p.m.
Lu,,dy ~L,t
Cindy Beahdreau, Secretary Anil Vira, Chairman
s