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HomeMy WebLinkAbout04-15-2024 Board of Adjustments Agenda PacketSherry Sullivan Mq)'or Council Members Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC Cil)• Clerk Kimberly Creech CilJ' Treasurer 161 North Section Street P.O. Drawer 429 Fairhope, Alabama 36533 251 -928 -2136 251 ·928 -67i6 Fax www.fairhopeal.gov ."rlm,-.t .•n ,r,·yrkd p,rpa City of Fairhope Board of Adjustments Agenda 5:00 PM Council Chambers April 15, 2024 1. Call to Order 2. 3. 4. 5. Approval of Minutes • March 18, 2024 Consideration of Agenda Items A. BOA 24.01 Public hearing to consider the request of the Applicant, Cartiology LLC, on behalf of the Owner, Fairhope Avenue Partners LLC, for a Special Exception -Use on Appeal -to display carts for outside sales on property located at 506 Fairhope Avenue. The property is approximately 0.2 acres. PPIN#: 15136 Old/New Business Adjourn March 18, 2024 Board of Adjustments Minutes 1 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. March 18, 2024 Board of Adjustments Minutes 2 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 5:19pm. Having no one present to speak, the public hearing was closed at 5:19pm. 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. March 18, 2024 Board of Adjustments Minutes 3 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 5:21p.m. ____________________________ ________________________ Anil Vira, Chairman Cindy Beaudreau, Secretary BOA 24.01 - Cartiology City of Fairhope Board of Adjustments April 15, 2024 STIMPSON AVEN SCHOOL STBERNHARDT LNFAIRWOOD BLVDBROWN STPORTICO STS SECTION STETTLE STS SCHOOL STMERSHON STN BANCROFT STN SECTION STJOHNSON AVE BELLANGEE ST MORPHY AVE MAGNOLIA AVE RAMEY LNSHIRLEY LNFAIRHOPE AVE BROWN STBELLANGEE ST JOHNSON AVE BELLANGEE ST EQUALITY ST FAIRHOPE AVE BROWN STParcel Zoning District B-1 B-2 B-4 P-1 R-2 R-4 R-5 Central Business District µ µ Project Name: Cartiology Site Data: 0.2 acres Project Type: Special Exception-Use on Appeal Jurisdiction: Fairhope Planning Jurisdiction Zoning District: B-2 PPIN Number: 15136 General Location: 506 Fairhope Avenue. Located Within the Central Business District. Surveyor of Record: Engineer of Record: Owner / Developer: Cartiology LLC School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Prepared by: Mike Jeffries Approve with Conditions NA NA 1111 1111 1111 1111 1111 1111 1111 Page 4 of6 APPLICATION FOR BOARD OF ADJUSTMENTS Application Type: D Administrative Appeal fa Special Exception D Variance Owner / Leaseholder Information, 1 Name: (c. ....... -'-"'i!;K,<..L.L.~:..1...:111"'---"t.,p.U.L.~£...Ji..-=-Phone Number: ..-....,_...__-_7,__~_..,_____;_ __ Street A City:~ , Applicant / Agent Information If different from above . Notarized letter from property owner is required if an agent is used for representation / Name: 4 Phone Number: ). O.,, ;112-~ ftz/ttG'. Street Address: l) ~ e u '"~. \<;. ~l.o city: --+--''1-++--~,c..,p,,,,.,r;,,,e_____ At zip: ?c a ;l, Site Plan with Existing Conditions Attached: Site Plan with Proposed Conditions Attached: Variance Request Information Complete: ·~ ES -_§) Names and Address of all Real Property Owners within 300 Feet of Above Described Property Attached: ~ Applications for Administrative Appeal or Special Exception: NO NO NO NO 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 information will be provided to the Board before the actual meeting date . It 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. n authorized Single Tax representative shall sign t is ap lication . Propefty Owner /Leas 1 /5 / ~i . (If Applicable) {>o ~ ~.u, fol ~ © ~ JI w )]; ' ffi\ JAN O 8 2024 ill} BY: .... ~ ............ . VARIANCE REQUEST INFORMATION What characteristics of the property prevent / preclude its development?: D Too Narrow D Too Small D Too Shallow D Elevation D Slope D Shape □ Soil D Subsurface D Other (specify) Page 5 of6 Describe the indicated conditions: _________________________ _ How do the above indicated characteristics preclude reasonable use of your land? Hardship (taken from Code of Alabama 1975 Section 11 -52-80): "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 the provision of the (zoning) 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 Filing 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 . an authorize • tative shall sig • • LL If 1m'J cU'l~ 2024 BY: ..... G. ........... . DocuSign Envelope ID: 5D4E0AED-4467-41A2-B935-8B22A4CDBF84 To Whom It May Concern: Cartiology, LLC is hereby authorized as the agent to represent Fairhope Avenue Partners, LLC before the City of Fairhope Board of Adjustments in Case 24.01 for Outdoor Sales. Sincerely, Date: _____ _ Name Date: _____ _ Name Date: _____ _ Name 1 BOA 24.01 506 Fairhope Avenue – April 15, 2024 Summary of Request: The applicant is requesting a special exception variance to allow outdoor sales (limited) of golf carts to be located at 506 Fairhope Avenue. The subject property is zoned B-2, General Business district. According to the City of Fairhope Zoning Ordinance Article III, Section A., the B-2 zoning district is “is intended to provide opportunity for activities causing noise and heavy traffic, not considered compatible in the more restrictive business district. These uses also serve a regional as well as a local market and require location in proximity to major transportation routes.” Additionally, Article III, Section D.8. states the following: B.4(g) Outdoor Sales Limited- a retail use where a minor portion of the merchandise, both in area and in business value, is typically stored outside during business hours. The building is currently owned by Fairhope Avenue Partners who currently lease the site to Cartiology, a golf cart sales company. The applicant is requesting the Board of Adjustments approval of outdoor sales (limited) as an approved use on the property. The applicant describes the outdoor sales business to allow them to display carts outside for sale in front of the building in a designated location. The designated location includes a perimeter picket fence and pavers for the carts to sit on. The below illustration depicts the proposed locations of outdoor sales. 2 BOA 24.01 506 Fairhope Avenue – April 15, 2024 Analysis and Recommendation: Outdoor sales limited is an allowable use within the B-2 zoning classification as indicated in the City of Fairhope Zoning Ordinance Article III, Section B., Table 3-1 Use Table, with the approval of the Board of Adjustment. The outdoor sales limited is not allowable by right, but only by special exception approval. Further, Table 3-1 indicates the use is allowed “only on appeal and subject to special conditions”. Area of concrete needs to be removed to mirror the other side of the shared drive and landscaping provided along the front and side property line to be in compliance with the Tree Ordinance. The landscaping shall be approved but the City Horticulture Supervisor. 3 BOA 24.01 506 Fairhope Avenue – April 15, 2024 Based on staff’s review, the proposed outdoor sales of golf carts will not impose on the surrounding area, nor will it impose on the safety, health, or welfare of the general public. Recommendation: Staff recommends the Board of Adjustment APPROVE the proposed Special Exception for the subject property to allow outdoor sales (limited) in a B-2, General Business Zoning District subject to the following condition: 1) Outdoor sales shall be limited to a maximum of three carts displayed at one time inside the designated area. 2) Carts are displayed only during normal business hours. a. Monday-Friday 10:00-5:00 b. Saturday 10:00-2:00 3) The area reserved for display shall have concrete pavers and be bordered with a picket fence to be between 2 ½’ and 4’ tall. 4) Remove area of concrete adjacent to the ROW mimicking the other side of the shared dive. 5) Add landscaping along the front and side property in accordance with the Tree Ordinance to be approved by the City Horticulture Supervisor. CARTDOlOGY CARTIOLOGYSALES.COM Fairhope, Al • oranee Beach, Al CARTIOLOGY BOA PROPOSAL The following information is provided to further explain the attached site plan. 1) Cartiology will display carts during normal business hours. Monday-Friday 10:00-5:00 Saturday 10:00-2:00 2) Cartiology will display three carts. These three carts will be displayed on concrete pavers. 3) Cartiology will construct a 3ft high picket style fence along the perimeter of the display area (see attached rendering). 4) Cartiology will do any additional plantings that the Board might deem appropriate. 5) Cartiology feels the addition of the hardscaping and landscaping will be an asset to the community and the business. 251.212.6886 • 506 Fairhope Ave, Fairhope, AL 36532 334. 730.2102 • 25856 canal Rd, oranee Beach, Al 36561 3/21/24, 11 :20 AM Cartiology Black Picket Fence with carts in front with side fence.png https ://mail.google.com/mail/u/0/#search/bkwilson2%40gmail.com?projector=1 1/1