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HomeMy WebLinkAboutO-1421ORDINANCE NO. 1421 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing of the Planning and Zoning Commission of the City of Fairhope, Alabama has forwarded an unfavorable recommendation, The property of Karen Urbanek located at 860 Edwards Avenue, Fairhope, Alabama; located on the southwest corner of the intersection of Edwards Avenue and Greeno Road. TAX PARCEL 05-46-04-17-1-000-092.509 Legal Description: (Case number ZC 10.01) COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 2 EAST AND RUN THENCE SOUTH, 59 FEET, MORE OR LESS; THENCE RUN WEST, 80 FEET, MORE OR LESS, TO A CONCRETE RIGHT-OF-WAY MONUMENT (STA. 171+87) ON THE WEST MARGIN OF U.S. HIGHWAY NUMBER 98, A.K.A. "GREENO ROAD", FOR A POINT OF BEGINNING: THENCE RUN SOUTH 00' 17' 57" EAST, ALONG THE WEST MARGIN OF SAID HIGHWAY, 121.5 FEET TO AN IRON PIN MARKER; THENCE RUN SOUTH 89° 22' 15" WEST, 196.5 FEET TO AN OPENTOP IRON PIPE MARKER; THENCE RUN NORTH 00' 30' 45" WEST, 149.7 FEET TO AN IRON PIN MARKER ON THE SOUTH MARGIN OF "EDWARDS AVENUE"; THENCE RUN NORTH 89' 50' 15" EAST, ALONG THE SOUTH MARGIN OF SAID AVENUE, 171.1 FEET TO A CONCRETE RIGHT-OF-WAY MONUMENT ON THE WEST MARGIN OF U.S. HIGHWAY NUMBER 98, A.K.A., "GREENO ROAD'; THENCE RUN SOUTH 440 31' 20" EAST, ALONG THE WEST MARGIN OF SAID HIGHWAY, 37.2 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 0.665 ACRES, MORE OR LESS, (28,959 SQ. FT.), AND LIES WITHIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. A map of the property to be zoned is attached as Exhibit A The property is hereby rezoned from R-1 Low Density Single Family Residential District TO B-4 Business and Professional District. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. 1. That, the following development regulations shall govern: Buffer — Self imposed deed restriction of a 30 foot landscape buffer to protect the residential neighbors to the west of the property. Ordinance No. 1421 Page — 2 — Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date — This ordinance shall take effect immediately upon its due adoption and publication as required by law. Adopted and approved this 10th day of May, 2010 ATTEST: isa A. arks, City Clerk