HomeMy WebLinkAbout01-23-2025 Board of Adjustments Agenda PacketDecember 16, 2024
Board of Adjustments Minutes
1
The Board of Adjustments met Monday, December 16, 2024, at 5:00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Cathy Slagle, Vice-Chair; Ryan Baker; Frank Lamia; Bryan Flowers; Hunter Simmons,
Planning and Zoning Director; Mike Jeffries, Development Services Manager; and Cindy
Beaudreau, Planning Clerk.
Absent: Donna Cook
Vice-Chair Slagle called the meeting to order at 5:01 PM.
Approval of Minutes
Frank Lamia made a motion to approve the minutes from the November 18, 2024, meeting.
Ryan Baker seconded the motion and the motion carried with the following vote:
Aye: Cathy Slagle, Ryan Baker, Frank Lamia, and Bryan Flowers
Nay: None.
BOA 24.10 Public hearing to consider the request of the Applicant, Mack McKinney, on behalf
of the Owner, FST Sildi LLC, for a Special Exception – Use on Appeal – to allow for a hotel on
property zoned B-2 General Business District. The property is located at 301 Fairhope Avenue and
is approximately 0.20 acres. PPIN#: 14359
Mack McKinney requested that this project be tabled indefinitely.
Motion:
Ryan Baker made a motion to table BOA 24.10 at the request of the applicant.
Bryan Flowers seconded the motion and the motion carried with the following vote:
Aye: Cathy Slagle, Ryan Baker, Frank Lamia, and Bryan Flowers
Nay: None.
BOA 24.16 Public hearing to consider the request of the Applicant, Apex Contracting Services
LLC on behalf of the Owner, FST and Bell, Zachary, for a 10’ front setback variance, a 12’ rear
setback variance and a 5’ side setback variance on property zoned R-2 Medium Density Single-
Family Residential District. The property is located at 258 Equity Street. The property is
approximately 0.18 acres. PPIN#: 14343
Mike Jeffries, Development Services Manager, stated that this application was tabled at the
November 2024, Board of Adjustments meeting. Mr. Jeffries presented the request of the
Applicant, Apex Contracting Services LLC on behalf of the Owner, FST and Bell, Zachary, for a
10’ front setback variance, a 12’ rear setback variance and a 5’ side setback variance on property
zoned R-2 Medium Density Single-Family Residential District.
December 16, 2024
Board of Adjustments Minutes
2
Recommendation:
Staff recommends approval of BOA 24.16.
Zac Bell, applicant, agrees with the compromise.
Vice-Chair Slagle opened the public hearing at 5:11pm. Having no one present to speak, the public
hearing was closed at 5:11pm.
Motion:
Ryan Baker made a motion to approve BOA 24.16.
Frank Lamia seconded the motion and the motion carried with the following vote:
Aye: Cathy Slagle, Ryan Baker, Frank Lamia, and Bryan Flowers
Nay: None.
BOA 24.18 Public hearing to consider the request of the Applicant, Benjamin Cummings,
acting on behalf of the Owner, Fairhope 9 LLC, for a Use Not Provided For – to allow for a
professional medical office on property zoned B-2 General Business District. The property is
located at the northeast corner of Highway 181 and Highway 104, Lot 9 and is approximately
1.0 acres. PPIN#: 627499
Mike Jeffries, Development Services Manager, presented the request of the Applicant, Benjamin
Cummings, acting on behalf of the Owner, Fairhope 9 LLC, for a Use Not Provided For – to allow
for a professional medical office on property zoned B-2 General Business District.
Recommendation:
Staff recommends approval of BOA 24.18.
Vice-Chair Slagle opened the public hearing at 5:15pm. Having no one present to speak, the public
hearing was closed at 5:15pm.
Motion:
Frank Lamia made a motion to approve BOA 24.18.
Bryan Flowers seconded the motion and the motion carried with the following vote:
Aye: Cathy Slagle, Ryan Baker, Frank Lamia, and Bryan Flowers
Nay: None.
BOA 24.19 Public hearing to consider the request of the Applicant, S.E. Civil, LLC, on behalf
of the Owner, Protestant Episcopal Church in the Diocese of the Central Gulf Coast, for a Use Not
Provided For – to allow for alterations to an existing church on property zoned R-4 Low Density
Multi-Family Residential District. The property is located at 860 N. Section Street and is
approximately 9.58 acres. PPIN#: 1090
December 16, 2024
Board of Adjustments Minutes
3
Mr. Baker stated that he needs to recuse himself from this project.
Due to a lack of quorum, the applicant agreed to table the request until the January meeting.
Old/New Business
None
Adjournment
Bryan Flowers made a motion to adjourn.
The motion carried unanimously with the following vote:
Aye: Cathy Slagle, Ryan Baker, Frank Lamia, and Bryan Flowers
Nay: None.
Adjourned at 5:18p.m.
____________________________ ________________________
Anil Vira, Chairman Cindy Beaudreau, Secretary
1 BOA 24.11 50 Fels Avenue (LaSource) – Front Setback, Accessory Structure, and Side Variances
Summary of Request:
The Applicant/Owner, Jason LaSource, is requesting three (3) variances. Requested variances are: 20 ft
front setback variance so that the proposed house will be 15 ft from the property line; a variance to
allow the accessory structure placed 10.5 ft forward of the rear of the primary structure; and a 5 ft side
setback variance on east side of principle structure. There are four (4) heritage trees on site (referred to
as “historical trees” on the submitted plans). The requested variances are to preserve the root system
of an 80+ year old live oak, a magnolia, and an existing heritage poplar tree.
Figures 1-3: Existing Conditions of house and tree.
2 BOA 24.11 50 Fels Avenue (LaSource) – Front Setback, Accessory Structure, and Side Variances
Comments:
The lot nor the existing structure conform to the current day R-2 dimensions because the lot is
less than 10,500 sf (approximately 9,504 sf) and less than 75’ feet wide (66’ wide). None of
which are peculiar to the neighborhood. The existing principle structure is built 20’ from the
front lot line and 4-5’ from the side lot line and remains a legal non-conforming structure to
Staff’s knowledge. See below.
The lot was platted with its current dimensions in 1910 -1911. See below.
3 BOA 24.11 50 Fels Avenue (LaSource) – Front Setback, Accessory Structure, and Side Variances
It is the intent of the Applicant to completely tear down the principle and accessory structure
and rebuild. New structures shall conform to the current Zoning Ordinance unless there is a
case for a variance based on the following criteria listed in Section C(e)(1).
Article VII, Section D(3) reads the following regarding front setbacks for non-conforming lots:
The direct “adjacent lots” are 24 and 52 Fels Avenue with approximately 15’ and 60’ front
setbacks, respectively. See below.
4 BOA 24.11 50 Fels Avenue (LaSource) – Front Setback, Accessory Structure, and Side Variances
Article VII, Section D(3) allows relief, under certain conditions, when adjacent properties are
built closer to the street than current front setbacks allow. The average front building line of
the two adjacent properties is 37.5’, so there is no relief allowed for this proposal.
Figure 4: Proposed Site Plan with Oak and Largest Limbs
5 BOA 24.11 50 Fels Avenue (LaSource) – Front Setback, Accessory Structure, and Side Variances
The above site plan illustrates the proposed home with an area cut out to protect the tree and
its roots. The above site plan also points out the root systems of a magnolia tree in the front
and two (2) trees in the rear. The site plan has shaded areas in red and gray that indicate the
estimated main roots area for the tree(s). Exact locations will be determined post demolition as
part of a tree protection plan.
Applicant has consulted with Chris Francis Tree Service (“Franics”) whereas Francis “verified the
tree is healthy” regarding the live oak. The updated site plan was developed with the assistance
of Chris Francis. It was stated that the more shaded area kept uncovered the more beneficial it
is to the trees.
Staff recommendation is confined to the current Zoning Ordinance. The Tree Ordinance does
not apply to single family residences per 20.5-4(1). The Planning and Zoning Director may grant
a 7’ administrative setback variance to protect and/or preserve an existing Heritage Tree. See
Article IV, Section G.
Although some of the requested deviations from the required setbacks may be minimal, new
builds must conform to current setbacks unless the BOA deems otherwise. In that vein, there
have been variances granted based on trees in the past, most of which were prior to the
adoption of the Tree Ordinance in 2011 (Ord. No. 1444).
The following is a previous case.
BOA 13.01 105 Fels Avenue: Granted 30’ rear setback variance (5’ rear setback) to preserve a
60” heritage live oak. Minutes mention Applicant cutting out buildable area to preserve the
tree. In the case above, Staff supported the administrative variance, but was limited to the 7’.
The Board granted an additional variance based on the merits of the case, including the fact
that the lot was only 45’ wide.
Analysis and Recommendation: Variance Criteria
(a) There are extraordinary and exceptional conditions pertaining to the piece of property in question
because of its size, shape, or topography.
Response: The City acknowledges a Heritage Tree is worth saving in various sections of local code.
(b) The application of the ordinance to this piece of property would create an unnecessary
hardship. Personal financial hardship is not a justification for a variance.
Response: The application of the Zoning Ordinance does not create an unnecessary hardship.
(c) Such conditions are peculiar to the piece of property involved; and
6 BOA 24.11 50 Fels Avenue (LaSource) – Front Setback, Accessory Structure, and Side Variances
Response: A heritage live oak meets the tree preservation criteria of Article IV, Section G, which
is unique to this piece of property.
(d) Relief, if granted, would not cause substantial detriment to the public good and impair the
purpose and intent of this ordinance; provided however, that no variance may be granted for
a use of land or building or structure that is prohibited by this or dinance.
Response: Relief will not cause substantial detriment to the public good because tree variances
have been granted in the past to protect heritage trees.
When a variance is granted by the Zoning Board of Adjustment it has the following effect:
Article II.C.3.g.
Effect of Variance - Any variance granted according to this section, and which is not challenged on
appeal shall run with the land provided that:
(1) The variance is acted upon according to the application and subject to any conditions of approval
within 365 days of the granting of the variance or final decision of appeal, whichever is later; and
(2) The variance is recorded with the Judge of Probate.
Staff supports any efforts to save the Heritage Trees and feel variances should be granted conditioned
on a specific plan that is designed to work around the tree as much as possible. The revised two-story
house plan has been designed to protect the heritage live oak, its root system, and its largest limbs as
submitted with the plan. The revised plan also aims to preserve three (3) other heritage trees on site.
Two (2) arborists have offered support of the updated house plans.
A 5 ft administrative setback variance is supported for the east side setback to preserve the heritage
poplar tree on the west side and to allow for better protection of the live oak’s root system.
Staff met with Applicant and Chris Francis on October 30, 2024, to discuss alternative plans. A different
size or dimension of the primary and/or accessory structure or no accessory structure at all may be a
viable alternative to the variance requests. Nonetheless, Applicant has made efforts to preserve the
heritage trees on site when he did not have to, and the updated plans are supported by professional
arborists.
Recommendation:
The following recommendations are specific to the site plan contained herein. If the proposed
house is not built within the required time limit from this BOA meeting or is ever torn down, then
7 BOA 24.11 50 Fels Avenue (LaSource) – Front Setback, Accessory Structure, and Side Variances
these recommendations are null and void and shall not be applicable to any other site plan(s) for
50 Fels Avenue.
1) Based on the Zoning Ordinance the Planning & Zoning Director supports the 5 ft (east)
side setback to protect the existing heritage poplar on the west side and the live oak’s
roots.
2) Staff recommends Denial of a 20’ front setback variance request of the primary structure.
But staff could support a 12’ front setback variance. Using the current plan this would
require the removal of the 8’ front porch.
3) Staff supports a 10.5’ setback variance for the accessory structure to be located forward
of the rear building line in case BOA 24.11. However, it may be the pleasure of the BOA
to decide otherwise. As stated, an alternative is to not have the accessory structure.
4) A tree-protection plan done by a licensed arborist shall be approved as part of the land
disturbance and building permit applications.
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To whom it may concern:
We purchased our property at 50 Fels Avenue in 2017 with the intent to build. The house was in such
poor shape that we almost did not even consider visiting the property because the pictures were so
terrible. We took a chance and decided to visit the property and upon seeing the live oak, the proximity
to the bay and room for a garden we made an offer to purchase the property. Our intention from the
beginning was to build a coastal cottage home with a modest footprint to preserve our great outdoor
space while preserving the 80+ year old live oak.
We are in an area that has a lot of foot traffic and frequently observe people stopping directly in front of
our property to admire the massive live oak that hangs over the property. We did the same thing upon
our initial visit to 50 Fels. It is a magnificent tree that has many more years to mature and should be
preserved. Moving the house up 2-3 feet from where it currently sits and keeping our current set back
on the east side (where our house sits now) would allow for that. Even with moving the house forward
it will still be set back further than several other houses on our street including the 5 houses that are
west of us. With the new house remaining near where the current house is on the east side it will give
our neighbor to the west more privacy than if we had to center the house and move it closer to her lot.
Almost all of the houses on our side of the street are offset to the left with driveways on the right.
Maintaining our left offset will allow us to keep our current level of privacy while maintaining the look of
our street. We enjoy teaching our daughter how to garden and having space for friends and family to
enjoy in our backyard so do not want to take up our entire property with a house which we would have
to do otherwise. Thank you for your time and consideration.
Sincerely,
Jason and Sarah LaSource
1 BOA 24.11 50 Fels Avenue (LaSource) – 15’ Front Setback and 5 ft Side Setback Variances
Summary of Request:
The Applicant/Owner, Jason LaSource, is requesting a 15’ front setback variance and a 5’ side setback variance for
the principle structure to preserve an 80+ year old heritage live oak tree. The address is 50 Fels Avenue. This case
was tabled at the August 19, 2024, BOA meeting for lack of information, particularly regarding the 2nd
floor addition.
Figures 1-3: Existing Conditions of house and tree.
2 BOA 24.11 50 Fels Avenue (LaSource) – 15’ Front Setback and 5 ft Side Setback Variances
Comments:
As mentioned, the lot nor the structure conform to the current day R-2 dimensions because the
lot is less than 10,500 sf (approximately 9,504 sf) and less than 75’ feet wide (66’ wide). None
of which are peculiar to the neighborhood. The existing principle structure is built 20’ from the
front lot line and 4-5’ from the side lot line and remains a legal non-conforming structure to
Staff’s knowledge. See below.
The lot was platted with its current dimensions in 1910-1911. See below.
3 BOA 24.11 50 Fels Avenue (LaSource) – 15’ Front Setback and 5 ft Side Setback Variances
It is the intent of the Applicant to completely tear down the principle and accessory structure
and rebuild. New structures shall conform to the current Zoning Ordinance unless there is a
case for a variance based on the following criteria listed in Section C(e)(1).
Article VII, Section D(3) reads the following regarding front setbacks for non-conforming lots:
The direct “adjacent lots” are 24 and 52 Fels Avenue with approximately 15’ and 60’ front
setbacks, respectively. See below.
4 BOA 24.11 50 Fels Avenue (LaSource) – 15’ Front Setback and 5 ft Side Setback Variances
Applicant’s narrative states that the requested setback variance will be further back than
several of the neighbors on the block and that is a correct statement. Many of the houses are
zoned differently with different setbacks. Article VII, Section D(3) allows relief, under certain
conditions, when adjacent properties are built closer to the street than current front setbacks
allow. The average front building line of the two adjacent properties is 37.5’, so there is no
relief allowed for this proposal.
Figure 4: Proposed Site Plan with Oak and Largest Limbs
5 BOA 24.11 50 Fels Avenue (LaSource) – 15’ Front Setback and 5 ft Side Setback Variances
The above site plan illustrates the proposed home with an area cut out to protect the tree and
its roots. Applicant has consulted with Chris Francis Tree Service (“Franics”) whereas Francis
“verified the tree is healthy” and Francis recommended tree protection measures in the event
the above site plan is approved. The estimate is within the packet.
The updated plans, including the second-floor addition, were sent to a third-party landscape
professional. After reviewing the plans and doing a site visit to access the health of the heritage
oak tree the professional opined that the tree can withstand and survive the second story
addition so long as the proper precautions are taken and construction of the second story
addition does not require cutting off any of the major limbs depicted in the plans.
Note: Although BOA cases are not Site Plan driven Staff did recognize on the updated plans that
the accessory structure is not set behind the rear building line of the principle structure as is
required in Table 3-3. See below. This needs to be adjusted before applying for a building
permit.
Figure 5
6 BOA 24.11 50 Fels Avenue (LaSource) – 15’ Front Setback and 5 ft Side Setback Variances
Staff recommendation is confined to the current Zoning Ordinance. The Tree Ordinance does
not apply to single family residences per 20.5-4(1). The Planning and Zoning Director may grant
a 7’ administrative setback variance to protect and/or preserve an existing Heritage Tree. See
Article IV, Section G.
Although the requested deviations from the existing front and side setbacks may be minimal,
new builds must conform to current setbacks unless the BOA deems otherwise. In that vein,
there have been variances granted based on trees in the past, most of which were prior to the
adoption of the Tree Ordinance in 2011 (Ord. No. 1444). Staff would be more supportive if the
tree was not cradled on three sides by the proposed new house. The proposed plans leave a
large amount of buildable area inside the setbacks untouched. Utilizing this area would provide
more protection for the tree. Or a possible better solution exists by requesting relief from the
rear setback line as opposed to moving the house closer to the street.
The following is a previous case.
BOA 13.01 105 Fels Avenue: Granted 30’ rear setback variance (5’ rear setback) to preserve a
60” heritage live oak. Minutes mention Applicant cutting out buildable area to preserve the
tree. In the case above, Staff supported the administrative variance, but was limited to the 7’.
The Board granted an additional variance based on the merits of the case, including the fact
that the lot was only 45’ wide.
Analysis and Recommendation: Variance Criteria
(a) There are extraordinary and exceptional conditions pertaining to the piece of property in question
because of its size, shape, or topography.
Response: The City acknowledges a Heritage Tree is worth saving in various sections of local code.
(b) The application of the ordinance to this piece of property would create an unnecessary
hardship. Personal financial hardship is not a justification for a variance.
Response: The application of the Zoning Ordinance does not create an unnecessary hardship.
(c) Such conditions are peculiar to the piece of property involved; and
Response: A heritage live oak meets the tree preservation criteria of Article IV, Section G, which
is unique to this piece of property.
(d) Relief, if granted, would not cause substantial detriment to the public good and impair the
purpose and intent of this ordinance; provided however, that no variance may be granted for
a use of land or building or structure that is prohibited by this ordinance.
7 BOA 24.11 50 Fels Avenue (LaSource) – 15’ Front Setback and 5 ft Side Setback Variances
Response: Relief will not cause substantial detriment to the public good because tree variances
have been granted in the past to protect heritage trees.
When a variance is granted by the Zoning Board of Adjustment it has the following effect:
Article II.C.3.g.
Effect of Variance - Any variance granted according to this section, and which is not challenged on
appeal shall run with the land provided that:
(1) The variance is acted upon according to the application and subject to any conditions of approval
within 365 days of the granting of the variance or final decision of appeal, whichever is later; and
(2) The variance is recorded with the Judge of Probate.
Recommendation:
Staff is not convinced that the updated full set of plans is the best solution for protecting the tree
and recommends Denial of a 15’ front setback and 5’ side setback variance for the principle
structure in case BOA 24.11. However, it may be the pleasure of the BOA to decide otherwise.
CITY OF FAIRHOPE
P.O. Box 429
Fairhope, AL 36533
(251) 928-8003
BOARD OF ADJUSTMENTS & APPEALS
APPLICATION
Page 2 of 6
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 of 6
BOARD OF ADJUSTMENTS (BOA) FLOW CHART
Consultation with Staff
BOA Application
Submittal
-Completed Application
-Site Plan with Existing
Conditions
-Site Plan with Proposed
Layout
-Map of adjacent
properties with zoning
-Names and addresses of
property owners within
300 ft.
Staff Review of
Submission
BOA Consideration of
Application
Disapproval Approval
Appeal must be filed at
Circuit Court and notice
given to BOA of appeal
within 15 days of Hearing
2
Analysis and Recommendation:
Any other application to the Board shall be reviewed under the fol lowing criteria and relief
granted only upon the concurring vote of four Board members:
(a) Compliance w ith the Comprehensive Plan; Meets
(b) Compliance with any other approved planning doclllllent; The property is zoned R-4: thus, the Tree and
Landscape Ordinance is applicable. including Section 20.5-6 regarding removal of heritage trees. The plans
include proposed removal of heritage trees that must be approved by the City H01ticulturist or Tree
Cormnittee.
(c) Compliance w ith the standards, goals, and intent of this ordinance; Meets
(d) The character of the sunounding property, including any pending development activity; Meets. The
improvements are well contained within the site and should not affect the character of the smi-mmding
prope1ty.
( e) Adequacy of public infrastmcture to supp01t the proposed development; Meets. Existing infrastrncture
on site.
(f) Impacts on natural resources, including existing conditions and ongoing post-dev elopment
conditions; There are proposed plans to remove heritage trees, which require pelTllission from the City.
Landscape plans were submitted. The landscape plans can be improved by adding screening of the
parking area(s) from N . Section Street with the required plantings.
(g) Compliance with other laws and regulations of the City; Meets.
(h) Compliance with other applicable laws and regulations of other jurisdictions; Meets.
(i) Impacts on adjacent prope1ty including noise, traffic , visible intmsions, potential physical imp ac ts,
and prope1ty values; None anticipated.
G) hnpacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and prope1ty values . None anticipated. Connecting the Church to roads in Colonial
Acres is not pa1t of the project nor is it Applicant's intent to do so.
(k) Overall benefit to the community; Meets
(1) Compliance with som1d planning p1inciples; Meets
(m) Compliance with the tenns and conditions of any zoning approval; Meets.
and
(n) Any other matter relating to the health, safety, and welfare of the commm1ity. Meets.
Staff has revi ewed the above criteria and this app li cation meets the standard requirements for
approval, which is l imited to minor add it i ons to a Place of Worship. Plans associated with the
school addition w i ll be further revi ewed w ith the associated Building Permit(s).
Staff Recommendation:
Staff Recommends Approval of case BOA 24.19 to allow expansion to St. James Episcopal Church.
BOA 24.19 St. James Episcopa l Church
January 23, 2025
9969 Windmill Rd. Fairhope, Alabama 36532 251-990-6566
DRAINAGE NARRATIVE AND
CALCULATIONS
ST. JAMES EPISCOPAL
PROJECT NUMBER: 20231311
November 12, 2024
Prepared By:
9969 Windmill Rd. Fairhope, Alabama 36532 251-990-6566
Table of Contents
General Information ..........................................................................................................1
Drainage Conditions ..........................................................................................................1
Hydraulic Analysis .............................................................................................................1
Summary of Results ...........................................................................................................2
Appendix A .........................................................................................................................3
Vicinity & Drainage Maps ........................................................................................
Appendix B .........................................................................................................................4
HydroCAD Report .....................................................................................................
Appendix C .........................................................................................................................5
Modified Rational Calculations .................................................................................
9969 Windmill Rd. Fairhope, Alabama 36532 251-990-6566
GENERAL INFORMATION
St James Episcopal Church is proposing to add an new Multipurpose Building to its Campus on
Section Street in Fairhope, Alabama. The project will include the removal of an existing parking
area to make room for the new building and drive isles. A new parking area will be built to
accommodate the required parking. The improvements will add 0.40 acres of impervious
surface; therefore detention will be required to mitigate the increase in stormwater. The
existing site contains a total of 9.58 acres. The existing impervious area is 2.25 acres. The
proposed site will contain 2.65 acres of impervious area.
DRAINAGE CONDITIONS
The property is high in the southeastern corner and generally flows towards the north and west.
Run-0ff from the site primarily discharges into culverts that go underneath 104. We are
proposing to utilize oversized storm pipes to store the increased run-off. A junction box with a
discharge orifice and an emergency overflow weir will be installed immediately downstream of
the oversized storm pipes to reduce the rate of run-off to below the existing rate. Run-off from
around the proposed building will be captured by inlets and roof drains and piped to the oversized
storm pipes for detention. The drainage patterns of the remainder of the site will not be modified.
HYDRAULIC ANALYSIS
Field verified elevations were used to determine the drainage basin area.
The Modified Rational Method was used to develop the detention calculations for the project.
NOAA has published intensity curves specific to this area and the 2, 5, 10, 25, 50 and 100-year,
were utilized in the drainage calculations for this site. The existing GIS contours along with field
verified elevations for the area are used to determine the size of the drainage basin.
Once the critical durations were determined for each storm event, we utilized HydroCAD to model
the ponds to determine the post development rates of run-off.
SUMMARY OF RESULTS
Analysis determined that the proposed detention pond is adequate to effectively handle and store
the peak post-development flows observed during the two, five, ten, twenty-five, fifty, and one-
hundred-year return events. Please see HydroCad summary in Appendix B showing the pre-
developed flow rates and post-developed flow rates for the 2, 5, 10, 25, 50 & 100-year storm events
and the associated high-water elevations.
From:K Haywood
To:Cindy Beaudreau
Subject:Case BOA 24.14
Date:Sunday, December 8, 2024 3:02:28 PM
Please distribute to other members of the Planning and Zoning Board
December 6th, 2024
Dear Planning & Board of Adjustments,
I’m writing in response to the letter sent to residents on December 2nd ,2024 re: case BOA
24.19 – Use Not Provided For re: PPIN#1090 – S.E. Civil, LLC on behalf of Owner,
Protestant Episcopal Church in the Diocese of the Central Gulf Coast requiring response by
noon Friday, December 6,2024 despite the statement that the information will be posted after
stated response time ends. Therefore, I’m requesting:
1) That the Board of Adjustments DELAY hearing case BOA 24.19 until our neighborhood
and each resident has sufficient time to review the staff reports & case.
2) That the response time be extended to sufficiently allow residents responses to staff reports
& after all information pertaining to the Case has been made public.
3) That the city, planning, &/or board of adjustments revise their process of notifying residents
to a timeline that allows for sufficient responses after all information has been made public.
4) Written response to requests 1, 2, & 3 above.
I hereby reserve all legal rights to case BOA 24.19 USE NOT PROVIDED FOR – PPIN#
1090 – SE Civil, LLC on behalf of Owner, Protestant Episcopal Church in the DDIOCESE of
the Central Gulf Coast.
Please accept this notice as opposing & objecting to any application now or in the future to
connect any church access to our colonial acres neighborhood via Washington Drive ,
Concord Drive, or any other access point into our neighborhood.
Respectfully,
Karen Haywood
660 Washington Drive
Fairhope, AL 36532
(251) 786-1561
Rkhaywood@gmail.com
Sent from my iPhone
From:Latimore, Michael
To:planning
Subject:Protestant Episcopal Church notice
Date:Friday, December 6, 2024 10:27:45 AM
Good morning,
This email is regarding the proposed Special Exception request letter we received yesterday. The
letter says we need to submit a comment by noon today regarding proposed changes. Those
proposed changes are not published yet, so I am not sure what to comment on. I am assuming the
change deals with expanding the school and car access to the church, and a potential that there will
be a new driveway from the church to Washington Dr.
We love having the church as a neighbor, and a great institution in Fairhope. However, this potential
material disruption to our neighborhood is highly concerning. As we had the church’s survey people
in our yard doing survey work without our permission (including parking in the yard and leaving tire
tracks), we are concerned that the proposed zoning changes would lead to a new church driveway
dumping onto Washington Dr.
Driveway access to the church via Washington Dr would greatly disrupt Colonial Acres, one of the
original subdivisions in Fairhope. Such access would greatly increase traffic, endangering the lives of
children who routinely play among houses in the neighborhood. Traffic would also increase along
Bon Secour Road, which has many young kids in that neighborhood. Furthermore, pedestrians
constantly use the peaceful neighborhoods for long walks and jogs. A church access point would
also diminish this value.
If the church needs more access points, this should be off Section Street, which is already the
church’s main ingress/egress. That road is also accustomed to the traffic volume entering and
exiting Fairhope.
Best Regards,
Mike Latimore
510 Washington Dr., Fairhope
404-386-0850
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From:kristen latimore
To:planning
Subject:Protestant Episcopal Church notice
Date:Friday, December 6, 2024 10:41:08 AM
Good morning,
This email is regarding the proposed Special Exception request letter we received yesterday. The
letter says we need to submit a comment by noon today regarding proposed changes. Those
proposed changes are not published yet, so I am not sure what to comment on. I am assuming the
change deals with expanding the school and car access to the church, and a potential that there will
be a new driveway from the church to Washington Dr.
We love having the church as a neighbor, and a great institution in Fairhope. However, this potential
material disruption to our neighborhood is highly concerning. As we had the church’s survey people
in our yard doing survey work without our permission (including parking in the yard and leaving tire
tracks), we are concerned that the proposed zoning changes would lead to a new church driveway
dumping onto Washington Dr.
Driveway access to the church via Washington Dr would greatly disrupt Colonial Acres, one of the
original subdivisions in Fairhope. Such access would greatly increase traffic, endangering the lives of
children who routinely play among houses in the neighborhood. Traffic would also increase along
Bon Secour Road, which has many young kids in that neighborhood. Furthermore, pedestrians
constantly use the peaceful neighborhoods for long walks and jogs. A church access point would
also diminish this value.
If the church needs more access points, this should be off Section Street, which is already the
church’s main ingress/egress. That road is also accustomed to the traffic volume entering and
exiting Fairhope.
Best Regards,
Kristen Latimore
510 Washington Dr., Fairhope
404-593-8308
Sent from my iPhone
From:nick.lindsholm@gmail.com
To:Cindy Beaudreau
Cc:Michelle Melton
Subject:RE: RESPONSE TO CASE BOA 24.19 : USE NOT PROVIDER FOR - PPIN#: 1090 - S.E. Civil, LLC on behalf Owner,
Protestant Episcopal Church in the Diocese of the Central Gulf Coast
Date:Sunday, December 8, 2024 5:35:43 PM
Attachments:Church_Sketch.heic
Dear Ms. Beaudreau,
Thank you for confirming receipt of my email/letter on December 6th, 2024.
Subsequent to sending the letter, I’ve come into possession of a sketch, attached herewith as
“Church Sketch.heic” and distributed by the Protestant Episcopal Church in the Diocese of
the Central Gulf Coast to members of the congregation on or about December 8th, 2024,
which was not distributed to residents by the city prior to the submission deadline of noon,
December 6th, 2024. Therefore, as previously requested in my prior letter – please accept the
following letter below, comments & requests in addition to all prior requests.
Respectfully,
Nick Lindsholm
558 Washington Drive
Fairhope, AL 36532
(251) 581-1338
Nick.Lindsholm@gmail.com
December 8th, 2024
Dear Planning & Board of Adjustments,
I’m further writing in response to the letter sent to residents on December 2nd ,2024 re: case
BOA 24.19 – Use Not Provided For re: PPIN#1090 – S.E. Civil, LLC on behalf of Owner,
Protestant Episcopal Church in the Diocese of the Central Gulf Coast and a subsequent
sketch distributed by the Protestant Episcopal Church in the Diocese of the Central Gulf Coast
to members of the congregation on or about December 8th, 2024, which was not distributed to
residents by the city prior to the submission deadline of noon, December 6th, 2024.
Therefore, I’m amending my requests as follows:
1. That the Board of Adjustments DELAY hearing case BOA 24.19 until our neighborhood
and each resident has sufficient time to review the staff reports & case.
2. That the response time be extended to sufficiently allow residents responses to staff
reports & after all information pertaining to the Case has been made public.
3. That the city, planning, &/or board of adjustments revise their process of notifying
residents to a timeline that allows for sufficient responses after all information has been
made public.
4. That the applicant provide visual renderings & plans for all proposed modifications with
a sufficient timeline for residents to review and comment prior to a BOA hearing &
approval.
5. That the city request traffic studies for the additional driveway/s, and that the study be
distributed to residents, and that residents may provide comment prior to a BOA hearing
& approval.
6. That drainage study & assessments be made for the property prior to a BOA hearing &
approval.. There appears to be a pond located adjacent to 104 & colonial acres within
the sketch. This item is particularly concerning as drainage runs through these parcels
and through our neighborhood on many of our properties and up to the city pool &
baseball fields on highway 98. I can testify & likely provide video to the fact that this
drainage is critical in events similar to Hurricane Sally as well as strong storms. In fact,
an event prior to hurricane sally led to substantial erosion within the drainage through
the neighboorhood where the city needed to add concrete throughout. Said drainage is
at the back of my property.
7. That any BOA approval is contingent on the church agreeing to never seek a driveway to
Washington Drive, Concord Drive, or any other point in the neighborhood. Our
neighborhood is a densely wooded neighborhood, quiet, walkable & runnable, lacking
sidewalks, and I’m unaware of any sidewalk easements within our neighborhood. Any
additional traffic would not be safe for residents.
8. The sketch indicates that trees will be cut down on the property. The city should require
the applicant to maintain the existing wooded buffer around the entire parcel, including
but not limited to section street, 104, and the entire colonial acres neighborhood and
further replant trees as many trees to the extent possible.
9. That the parcel ID 62467 & # 05-46-03-08-0-003-011.000 be placed in a conservation
easement and buffer to colonial acres by the owner.
10. That the parcel ID 3111 & # 05-46-03-08-0-003-012.000 be placed in a conservation
easement and buffer to colonial acres by the owner.
11. That the owner file a statement under oath that they are not involved in any property
disputes with any property owner/resident on file with Baldwin County Courts or that
may be filed with Baldwin County Courts.
I hereby reserve all legal rights to case BOA 24.19 USE NOT PROVIDED FOR – PPIN# 1090 – SE
Civil, LLC on behalf of Owner, Protestant Episcopal Church in the DDIOCESE of the Central
Gulf Coast.
Please accept this notice as opposing & objecting to any application now or in the future to
connect any church access to our colonial acres neighborhood via Washington Drive ,
Concord Drive, or any other access point into our neighborhood.
Respectfully,
Nick Lindsholm
558 Washington Drive
Fairhope, AL 36532
(251) 581-1338
Nick.Lindsholm@gmail.com
From: Cindy Beaudreau <cynthia.beaudreau@fairhopeal.gov>
Sent: Friday, December 6, 2024 10:04 AM
To: nick.lindsholm@gmail.com
Cc: Michelle Melton <michelle.melton@fairhopeal.gov>
Subject: RE: RESPONSE TO CASE BOA 24.19 : US NOT PROVIDER FOR - PPIN#: 1090 - S.E. Civil, LLC on
behalf Owner, Protestant Episcopal Church in the Diocese of the Central Gulf Coast
Good morning Mr. Lindsholm,
I have received your e-mail which will be included with the staff report.
From: nick.lindsholm@gmail.com <nick.lindsholm@gmail.com>
Sent: Friday, December 6, 2024 10:02 AM
To: planning <planning@fairhopeal.gov>
Subject: RESPONSE TO CASE BOA 24.19 : US NOT PROVIDER FOR - PPIN#: 1090 - S.E. Civil, LLC on
behalf Owner, Protestant Episcopal Church in the Diocese of the Central Gulf Coast
Importance: High
December 6th, 2024
Dear Planning & Board of Adjustments,
I’m writing in response to the letter sent to residents on December 2nd ,2024 re: case BOA
24.19 – Use Not Provided For re: PPIN#1090 – S.E. Civil, LLC on behalf of Owner, Protestant
Episcopal Church in the Diocese of the Central Gulf Coast requiring response by noon Friday,
December 6,2024 despite the statement that the information will be posted after stated
response time ends. Therefore, I’m requesting:
1. That the Board of Adjustments DELAY hearing case BOA 24.19 until our neighborhood
and each resident has sufficient time to review the staff reports & case.
2. That the response time be extended to sufficiently allow residents responses to staff
reports & after all information pertaining to the Case has been made public.
3. That the city, planning, &/or board of adjustments revise their process of notifying
residents to a timeline that allows for sufficient responses after all information has been
made public.
4. Written response to requests 1, 2, & 3 above.
I spoke with the city today who confirmed information has not been made available publicly at
this time.
I hereby reserve all legal rights to case BOA 24.19 USE NOT PROVIDED FOR – PPIN# 1090 – SE
Civil, LLC on behalf of Owner, Protestant Episcopal Church in the DDIOCESE of the Central
Gulf Coast.
Please accept this notice as opposing & objecting to any application now or in the future to
connect any church access to our colonial acres neighborhood via Washington Drive ,
Concord Drive, or any other access point into our neighborhood.
Respectfully,
Nick Lindsholm
558 Washington Drive
Fairhope, AL 36532
(251) 581-1338
Nick.Lindsholm@gmail.com
From:J STEVEN MCCLURE
To:planning
Subject:BOA 24.19, SE Civil LLC, 860 N. Section St., PPIN 1090
Date:Friday, December 6, 2024 10:48:42 AM
December 6th, 2024
Dear Planning & Board of Adjustments,
I am writing in response to the letter sent to Colonial Acres residents on December
2nd ,2024 re: case BOA 24.19 – Use Not Provided For re: PPIN#1090 – S.E. Civil,
LLC on behalf of Owner, Protestant Episcopal Church in the Diocese of the Central
Gulf Coast requiring response by noon Friday, December 6,2024 despite the
statement that the information will be posted after stated response time ends.
Therefore, I am requesting:
1) That the Board of Adjustments DELAY hearing case BOA 24.19 until our
neighborhood and each resident has sufficient time to review the staff reports & case.
2) That the response time be extended to sufficiently allow residents responses to
staff reports & after all information pertaining to the Case has been made public.
3) That the city, planning, &/or board of adjustments revise their process of notifying
residents to a timeline that allows for sufficient responses after all information has
been made public.
4) Written response to requests 1, 2, & 3 above.
Please accept this notice as opposing & objecting to any application now or in the
future to connect any church access to our Colonial Acres neighborhood via
Washington Drive, Concord Drive, or any other access point into our neighborhood.
Kindest regards,
Steve and Susan McClure
668 Colonial Drive
Fairhope, AL 36532
(251) 459-2441 / (251) 680-6117
mcclurejsteven@bellsouth.net
1 BOA 25.01 Alabama Luxury Exotics
January 23, 2024
Summary of Request:
The Applicant, Jack Maulding, is requesting a use not provided for within the Fairhope Zoning
Ordinance. The subject property is zoned M-1 “Light Industrial District”. Applicant desires to operate a
high-end indoor car dealership at this location to be known as Alabama Luxury Exotics. The address is
365 Commercial Park Drive.
Figure 1: Site Location.
2 BOA 25.01 Alabama Luxury Exotics
January 23, 2024
Comments:
The Fairhope Zoning Ordinance does not provide for the use “automobile dealership” indoor or
outdoor.
Article II, Section A(4)(d)(4) describes the duty and power of the BOA that is applicable to this
case.
The Fairhope Zoning Ordinance defines M-1 as follows:
Article III, Section A(15).
The review criteria for this case 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. Located within an existing M-1 district. The Comprehensive Plan calls for amending
the current allowed uses in both manufacturing districts to eliminate or lessen buffers for incompatible
land uses. Buffers may be required.
(b) Compliance with any other approved planning document;
Response: Complies.
(c) Compliance with the standards, goals, and intent of this ordinance;
Response: Complies. The location is suitable for this use that is not accounted for in the ordinance.
(d) The character of the surrounding property, including any pending development activity;
Response: Already developed for the most part with compatible uses. There is a vacant lot
directly adjacent, which may require buffering if/when developed.
(e) Adequacy of public infrastructure to support the proposed development;
Response: Already developed.
(f) Impacts on natural resources, including existing conditions and ongoing post-development
3 BOA 25.01 Alabama Luxury Exotics
January 23, 2024
conditions;
Response: None. Site already developed.
(g) Compliance with other laws and regulations of the City;
Response: Complies.
(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.
(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 new opportunity in automotive sales in the community.
(l) Compliance with sound planning principles;
Response: Complies.
(m) Compliance with the terms and conditions of any zoning approval; and
Response: Complies. May require buffering next to adjacent lot.
(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 request for a use not provided for in BOA Case 25.01.
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Brief Description for Alabama Luxury
Exotics
I would like to present my vision for establishing an indoor showroom dedicated to
exotic car sales . The dealership will feature a selection of 12 to 18 high-end vehicles
available for purchase at any time. The layout will include my office alongside two
additional sales offices, complemented by a refreshment area offering snacks ,
beverages, coffee , and pastries. The back warehouse will house an exceptional
showroom, poised to become the premier destination for exotic vehicles in Alabama. To
maintain an atmosphere of sophistication, I will refrain from using flags or inflatables
outside the premises. Our brand embodies luxury, encapsulated in the slogan "Drive
Distinction I" Our inventory will feature prestigious models such as Aston Martin , Bentley,
BMW, Ferrari , Jaguar, Karma, Lamborghini , Lotus, Maserati , McLaren , Mercedes-Benz,
Porsche , Range Rover, Rolls-Royce, Tesla, and more. It is evident that upscale cities
are increasingly embracing indoor dealerships that specialize in the most desirable and
high-performance vehicles available. Attached, you will find Alabama Luxury Exotics
logo and several images that illustrate my vision for the exqu isite showroom . The front
parking lot will feature a total of five parking spaces, includ_ing one designated handicap
park ing spot to ensure accessibility. Additionally, the showroom fac ility is designed to
accommodate between 12 to 18 vehicles , utilizing car lifts to optimize space and
facilitate efficient parking within the premises.
Hours of Operation-Monday -Friday 9:00-6:00
Saturday-9:00-5 :00
Sunday-Closed
Subject: Request for Variance for Indoor Car
Dealership -Alabama Luxury Exotics
Dear Members of the Board of Adjustments and Appeals,
I hope this letter finds you well. I am writing to formally request a variance
on behalf of Alabama Luxury Exotics, an upscale indoor car dealership located at
365 Commercial Park Dr. Fairhope, Al. We specialize in the sale of high-end,
luxury, and exotic vehicles, and we are seeking approval for a variance from
certain zoning requirements that will allow us to operate within Fairhope's
established guidelines while maintaining the high standards expected of our
business.
Specifically , we are requesting a variance for the following:
1. Indoor Vehicle Display and Sales Area: We are requesting a variance to
allow for the display and sale of vehicles within an enclosed, indoor
showroom. This would involve the presentation of high-value vehicles in a
showroom environment, ensuring they are protected from the elements and
presented in the best possible manner for potential customers.
2. Parking Requirements: Given the nature of our business, we seek a
variance on the standard parking requirements for vehicles on the premises.
Our operations are primarily showroom-based, with minimal customer vehicle
traffic. We aim to maintain a clean and aesthetically pleasing environment,
which aligns with Fairhope's overall vision for the community.
We believe that allowing Alabama Luxury Exotics to operate under this variance
will benefit the City of Fairhope by providing a unique business that will attract
discerning customers while maintaining the city's charm and character. We are
committed to ensuring that our dealership will be a responsible, contributing part
of the local economy and community, with minimal disruption to the surrounding
area. We respectfully ask that the Board review this request and consider approving
the variance during your next meeting. We are happy to meet with the Board in
person should you require any further information or clarification. Thank you for
your time and thoughtful consideration. We look forward to your favorable
response and the opportunity to further invest in the community of Fairhope.
Sincerely,
Barry J Maulding
Founder I Owner
Alabama Luxury Exotics
Business Proposal for Luxury Exotic Car Dealership-Indoor
Showroom Concept
Executive Summary:
This proposal outlines the concept for an indoor luxury exotic car dealership specializing
in high-end , rare, and exclusive vehicles. The dealership will focus on providing a
premier buying experience for high-net-worth individuals seeking luxury, exclusivity, and
exceptional customer service . The dealership 's innovative indoor showroom will
showcase a curated collection of exotic and luxury vehicles, offering a comfortable and
visually immersive environment where clients can explore and test drive top-tier cars in
a premium , private setting. Th is venture aims to meet the growing demand for luxury
cars while setting new standards in automotive retail.
Company Overview:
• Business Name: Alabama Luxury Exotics
•
Location; 365 Commercial Park Dr. Fairhope , Al 36532
Ownership Structure : LLC
Industry : Automotive Sales, Luxury Vehicles
• Target Market : High-net-worth individuals, car enthusiasts, collectors , and
corporations seeking luxury and exotic automobiles .
Vision and Mission :
• Vision: To become the leading provider of luxury exotic cars , offering an
unparalleled buying experience that combines innovation, comfort, and exclusivity.
• Mission ; To provide an indoor showroom experience like no other, where
clients can explore and purchase their dream vehicles in a sophisticated and private
envi ronment. Our showroom will cater to individuals who value luxury, performance, and
prestige in both the cars they drive and the buying process.
Market Opportunity:
The luxury and exotic car market is growing globally, fueled by increasing wealth among
individuals and a strong demand fo r exclusive, limited -edition vehicles. The United
States market , in particular, remains a major hub for luxury car buyers , with a steady
increase in demand for vehicles that are not only high -performance but also status
symbols. There is also a noticeable shift toward private , personalized purchasing
exper iences , where clients are looki ng for more than just a traditional dealership
experience.
Target Audience:
1. High-Net-Worth Individuals -Executives, entrepreneurs, and
professionals who seek rare and exotic cars as a reflection of their lifestyle.
2. Luxury Car Enthusiasts -Passionate individuals who collect luxury
veh icles or enjoy the performance and design of exotic cars.
3. Corporate Buyers -Businesses looking to reward executives with
prestigious cars or secure high-end vehicles for their fleets.
4. Car Collectors -Individuals and organizations interested in acquiring
limited-edition models or hard-to-find exotic cars.
Services Offered :
1. Indoor Showroom Experience -A state-of-the-art, climate-controlled
showroom that allows customers to view the latest exotic car models in a comfortable
and private setting .
2. Vehicle Safes -A curated selection of new and pre-owned luxury exotic
cars , including brands Aston Martin, Bentley, BMW, Ferrari , Jaguar, Karma,
Lamborghini, Lotus, Maserati , McLaren , Mercedes -Benz , Porsche , Range Rover, Rolls-
Royce and Tesla .
3. Jest Drives by Appointment -Private test drives at convenient times ,
ensuring an exclusive and tailored experience.
4. Vehicle Financing and Leasing-Competitive financing options,
including lease programs and high-end financing solutions for luxury vehicles .
5. VIP Customer Service -A dedicated concierge service provid ing clients
with the highest level of attention, from vehicle selection to post-purchase care .
Unique Selling Proposition (USP):
1. Exclusive Indoor Showroom -Unlike traditional car dealerships, our
indoor showroom creates an immersive, controlled environment where customers can
experience exotic cars in a sophisticated setting. It also allows for a more intimate ,
personalized shopping experience without the distractions of outdoor weather or other
buyers.
2. End-to-End Luxury Experience -From the moment customers walk in ,
they will be greeted with exceptional service and guided through every step of the
buying process with personalized attention , including exclusive test drives, vehicle
customization, and high-end concierge services.
3. Rare Inventory -Our dealership will focus on sourcing rare, high-demand
vehicles and limited editions that are not easily found at other dealerships, creating
exclusivity for our custome rs.
Location:
The dealership will be located in a prime area , just off HWY 98 located at 365
Commercial Park Dr. The indoor showroom will be housed in a modern, secure , and
architecturally sophisticated building that complements the luxury nature of the cars we
sell.
Marketing and Sales Strategy:
1. Branding and Reputation -Build a strong brand presence through
targeted advertising campaigns in luxury magazines, social media, and collaborations
with high-end brands .
2. Partnerships -Collaborate with luxury hotels, private clubs, and events
to increase visibility within our target market.
3. Online Presence-Develop a luxurious, user-friendly website that
showcases the cars, offers virtual tours of the showroom, and provides information
about customization options. Additionally, digital marketing will help us reach potential
buyers globally.
4. Referral Program -Create an exclusive referral program that rewards
existing clients for bringing in new customers.
Financial Plan:
• Initial Investment; Roughly $1-2 million (for the construction or lease of
the showroom, inventory purchase, staffing, and marketing)
• Revenue Streams: Sales of new and pre-owned cars, leasing and
financing, after-sales services, and exclusive events.
• Projected Annual Revenue: $3.12 million, with a steady growth trajectory
as brand recognition and customer base expand .
Conclusion:
Alabama Luxury Exotics will redefine the way individuals purchase and experience
exotic automobiles. With an indoor showroom that emphasizes exclusivity, comfort, and
exceptional service, we are poised to offer a unique and memorable experience for our
clients. By focusing on premium customer service, rare inventory, and an innovative
shopping environment, this business has the potential to become a leader in the luxury
car market.
-,, A l<ADRI:
_.: ~ ENGINEERING
December 9, 2024
City of Fairhope -Planning & Zoning Department
Hunter Simmons
451 Pecan Ave Suite 200
Fairhope, AL 36532
RE: Board of Adjustments Application -Culver's Restaurant {Lot #7 Planter's Point Subdivision)
Kadre Engineering Project # 24112
Mr. Simmons,
We are submitting the above referenced project for Board of Adjustments consideration of approval of
special exception. We are requesting 13 "in car dinning" spots as shown on the submitted preliminary site
plan. The City's Ordinance does not define "in car dinning" so therefore we were advised to present the
request to the Board of Adjustments for special exception to allow for these vehicular spots. The end user
feels these spots in addition to the normal parking spots are vital to his business model. We would
propose that final site design would include low impact development stormwater techniques for these
spots such as pervious pavers to mitigate any stormwater impacts among others. Please find the
enclosures for your review and comment.
Should you have any questions or need any further information, please don't hesitate to contact me.
Sincerely,
\b~
David Dichiara, PE
Principal
ddichiara@kadre-eng.com
(205) 777-9064
Enclosures: BOA Application & Check for Application fee
Agent Authorization Letter
Adjacent Landowners Map & Certified Addresses
3 Copies -Existing Conditions Plan
3 Copies -Proposed Site Plan
BIRMINGHAM • AUBURN • ORANGE BEACH
From:Matt Koon
To:Mike Jeffries
Cc:Cindy Beaudreau; Curt Herbig; Jay Campbell; Jake DeLonay; Trey Watts
Subject:Re: Culvers Additional Information
Date:Monday, January 13, 2025 12:35:56 PM
Attachments:ao54439-Culvers-Fairhope AL-REGC.pdf
Good day Mike,
I hope your weekend was enjoyable. Attached to this email is a sample of the type of signs
we're looking to use for these specific dine-in car spots.
Culver's was started in 1984 in Sauk City, Wisconsin by co-founders Craig Culver and Lea
Culver along with Craig's parents Ruth and George Culver. It started in an old A&W drive-in.
In keeping with the humble beginnings of Culver's we're asking for an exemption for spaces to
be used as dine-in car spots, which is like an extension to our dining room. These spaces call
back to the beginning of Culver's converted drive-in. We're doing our best to keep within the
City's requirements for parking, while allowing us the opportunity to serve guests directly in
their car. You'll notice the first sign in the attached package shows "Drive in" and a spot
number for the marked space. The other signs are all marked as such that these spots are not to
be used to park and enter the restaurant. If adjustment to the sign is needed, we will
accommodate as necessary.
This location will be the first to use these particular spaces and thus we don't have a current
location to present as a sample. We believe that these spaces will allow us to serve Farhopians
in a unique and generous way while keeping within the current city code requirements. It's our
intention to use these spaces as an extension to our dining room. Several of our current guests
enjoy ordering and eating in their car at our other locations. Other quick service concepts use
this as their sole point of service. We propose this exception for the mixed use of the space in
a unique way, like no other restaurant in Fairhope. We look forward to your decision and
working with you and your team to ensure a mutual benefit for all of Fairhope.
Thank you for your consideration,
Matt Koon
Director of Operations:
Culver's of Foley
Culver's of Orange Beach
Franchisee Culver's of Fairhope
Cell: 641.521.6288
On Thu, Jan 9, 2025 at 9:03 AM Mike Jeffries <mike.jeffries@fairhopeal.gov> wrote:
Good morning,
We spoke the other day regarding the additional information. We are finishing up the review
and reports. Have you been able to find an example of where this is utilized, a sign example,
and solution to preventing people from using these spots as just additional parking to dine
inside?
Thanks,
Mike Jeffries, QCI
City of Fairhope
Development Services Manager
555 S. Section Street
P.O. Box 429
Fairhope, Al 36532
(251) 928-8003 Ext 457
Mike.Jeffries@FairhopeAl.gov
1 BOA 25.02 Culvers Planters Pointe Lot 7
January 23, 2025
Summary of Request:
Applicant, Kadre Engineering, on behalf of the Owner, Corte, Cave/Mitchell 1 LLC, is requesting a Special
Exception – Use Not Accounted For, to allow for 13 additional “in car dining” parking spots on property
located on the northwest corner of Highway 181 and Highway 104, Lot 7, Planter’s Pointe. The property
is zoned B-2 General Business District.
Comments:
Culver’s desires to start a new business model of “in car dining spots” to a proposed new
location in Fairhope. The idea in its simplest terms is to “use these spaces as an extension to our
dining room”. A citizen orders from a smart device and the food is brought to the car with the
intentions of the patron eating inside the car. A sample of the sign and a narrative is included in
the packet.
Staff does not view this as a separate use. Staff does not see a way of keeping guests from using
these spaces as normal spaces and dining inside. Several quick service restaurants have similar
parking stalls that allow for what is often referred to as curb side pickup. Curb side pickup areas
utilize the existing car parking spots and only add signage or different color parking stall
striping.
Staff Recommendation:
Staff recommends Denial of the “in car dining” use.
'SPRINGFIELD SIGN SIGN PURCHASE AGREEMENT
0 800 .845.9927 @ springfieldsign.com
This agreement, made and entered into this __ day of __ (month), 20 _ (year), by and between
Springfield Sign & Graphics, INC. d/b/a Springfield Sign (herein after referred to as Seller), and Buyer (as
outlined below and labeled as Buyer) witnesseth, that the Seller agrees to manufacture for Buyer the sign(s)
and/or other sign products/services as outlined in a separate E2 document as follows, QUOTE Number:
___ or other such unique document of description as follows:
BUYER:
COMPANY NAME: D/8/A:
BILLING ADDRESS: CITY: STATE:
JOB DETAILS:
COMPANY NAME: D/8/A:
BILLING ADDRESS: CITY: STATE:
All wiring on the premises to the site of the signs· installed location, including the connection of the sign to such primary wiring source is to be the responsibility of the Buyer, at
additional cost to the Buyer, at the direction of the Buyer. as designed by the Buyer or Buyer's agents and, as necessary, all other aspects and expenses, as required, to bring primary
electrical wiring to the sign's location for energizing of such signs. All voltages to be 120 Volt at 60 Hertz unless otherwise specified. Any damages caused by the energizing circuit to
the sign or sign products due to improper design (including but not limited to improper voltages), improper connection thereof or any other causes related to the energizing primary
circuitry will be solely and completely at the Buyer's risk and expense. Any additional work, trouble shooting in the field, by phone, by internet or otherwise required on behalf of
Seller will be bi/Jed in addition to Buyer on a Time and Materials basis, at additional expense. All Permit fees/Engineering fees and labor/drawing costs for the acquisition thereof will
be billed in addition to prices stated herein at additional expense unless specifically outlined in this document to be bi fled in another manner as described herein. Any required
sales/use taxes are the responsibility of the Buyer, now and in the future as so levied by applicable governing authorities. All taxes are due and payable upon demand by Seller at or
any time subsequent to the execution of this SIGN PURCHASE AGREEMENT. It is understood that taxes are in addition to the prices outlined in the SIGN PURCHASE AGREEMENT,
E2 Quote or any other document outlining the signs, products or services for stated Job location unless specifically and clearly outlined otherwise. It is expressly and undeniably
understood by both Buyer (or Buyer's agents, subcontractors, salespersons, etc.) and Seller that no verbal agreement has been entered into. Both parties are to adhere to the terms
and conditions of this SIGN PURCHASE AGREEMENT and related attachments as properly executed and initialed. Any governing entity outside the control of Seller, such as but not
limited to, any applicable City/Municipalities, County Office/Agent, national codes (such as but not limited to NEC, BOCA, ETC.) with jurisdiction or control upon the product, labor
(manufacturing or installation) or any issues, procedures or otherwise related to the execution of the terms, signs, sign products, services or otherwise, foreseen or unforeseen, may
affect the costs and timely delivery of such products/services herein NOTICE: THIS IS A LEGAL DOCUMENT WITH BINDING OBLIGATIONS READ BOTH SIDES OF THIS
INSTRUMENT BEFORE SIGNING, AS THE TERMS OF THIS SIGN PURCHASE AGREEMENT ARE SET OUT THEREON, The specific terms for payment may vary based on product
types or other reasons, but it is expressly understood that PAYMENT IN FULL as outlined by this Agreement is due and must be paid PRIOR TO INSTALLATION OF SIGN PRODUCT,
PARTS OR SERVICES. All outstanding balances over 30 days due are subject to a 2% per month (collectively compounding) late Fee.
D Buyer's Guarantee to Build ___ (initials)
D Rejection of Buyer's Guarantee to Build ___ (initials)
BUYER :
I/We have read this entire agreement and agree to defend
and hold harmless Seller as stated herein. ACCEPTED:
By: ____________ _
PRINTED NAME: TITLE:
SELLER:
ACCEPTED:
By: ____________ _
Mark Wessell, CEO
DATE: Springfield Sign
4825 E Kearney St
Springfield, MO 65803
1. DOCUMENT ATTACHMENT A5 o lowed by !his contract. other
docvments svch as bvl not Hmiled lo E2 qvoles. prodvcl
specifK:otions. monvfocl\Jre!'s specificotions. etc. moy be
referenced in the area in the beginning of this Sign Pvrchose
Agreement. These docvments may hove oddilionol lerms.
cor.ditions. p<icing. reslfictions. li mitotions or otherwise os describe by
those written instruments, svch as bvl not imited to t ED (or other
types)ofelectronicdisplays.
2. UMITED WARRANTY Seller warrants all new materials or.d/or
services delivered herein to be at time of completion of job or.d time
of delivery, to Bvyer, lo be free from defects of material and/or
workmanship. Seller agrees lo repair or replace. sofely al Selle(s
discretion. ony products or ports thereof, which ore found defective
in moterkll or workmanship within 90 doys from time of instonotion of
sign or sign product. Se l er's obligation with respect lo such products
or ports sholl be STR ICTLY LIMITED to replacement or repoir ond in NO
event sha ll Seller be Hobie for consequentiol. irx:identol or spec kl I
damages, or for transportation, installation, adjustment or any other
e~enses which may arise in connection with such products or parts.
including bvt not limited to loss of business or loss of trade. THIS
WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER
WARRANTIES. EXPRESS OR IMPLIED. INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE
ARE NO OTHER WARRANTIES. Seller's obigolions hereunder shall
extend onty to defects for which Buyer shol have given Seller written
notice thereof within ninety (90) days ofter dote of deivery or
installation, as oppkoble. Buyer is NOT oulhoriied to make
independent arrangements for warranty work. Al warranty work on
said signs, products, parts, services, as described herein, sho N be
arranged or subcontracted by Seller or be done by Selle(s
employees or representotives. solety at the discreHon of the Seier. In
the event that Buyer does not pem,it Sener to inspect prodvcl,
access property or in any other way dl'"ectly or ir.direclfy inhibits the
Seller to arrange for or conduct necessary repair work required
vnder this Agreement, or Bvyer makes indeper.dent ooongements
for such repair work. Buyer agrees !hot Buyer will be solely responsible
for the costs of such repairs. In the event Buyer does not comply with
the above, SeDer hereby EXCLUDES ALL WARRANTIES. EXPRESS
AND/OR IMPUED. AND BUYER PURCHASES THE SIGN. SIGN PRODUCT
AND/OR SERVICES "AS IS" ond WrrH Alt FAULTS. WAIVING All
WARRANTIES HEREUNDER. Additional i mitations include bvl are not
limited lo. acts of God. acts of notvre. vandalism, acts of War or
Terrorism and/or accidental domoges.
3. INSURANCE As long os ony amount of monies is due and owing to
Seller, Bvyer shal insvre sign, sign products or seNices, in on amount
no less than monies due Se ller. and NAME SELLER in the loss payable
clouse of such insurance policy. striclty for the benefit of the Seller.
Bvyer further agrees to not imil the insvred causes allowing for ftre or
any other casually. Buyer sho U furnish Seller with evidence of such
certification of insurarx:e, in writing from Buyers insurorx:e agent or
agency, upon Sellers demand. Sener"s certrncate of insvronce for
liability/workers compensation shall be provided by Seller lo buyer
upon request from Buyer.
4. TAXES Bvyer shall be responsible for arid pay all taxes including bvl
not limited to Sales, Use, Persona l Property or any other mvnicipal,
county. stole or federal loxes that moy be levied, imposed or
assessed by law on the sign product. parts or services or
improvements thereon. or vses of svch. Buyer agrees lo reimburse
Seller for any amount for such loxes. !hot may be billed lo and paid
by Seller. Any interests or penalties associoted with any taxes as
ovllined herein wil also be due and owing to Seller ii so pok! by
Seller. These loxes. as allowed by low. may or may not be assessed
at time of initiol sole or delivery of sign product. ports or services arid
may continue forward in lime without end
5. PERMITS/UCENSES Seller shaR not be obJgoled lo commence
fabrication of sign product. ports or services until al necessary
permits have been issved. If permits ore denied ofter reosonable
effort by both parties lo secure some, then this Sign Purchase
Agreement sha ll term inole without liobiHly lo either Buyer or Se ller.
except that Bvyer shall pay Seller for reasonable comperisaHon for
labor and costs exper.ded until the lime permits are denied. Bvyer
shall be responsible for securing and maintaining in effect written
consent from the owner of record of the premises vpon which sign
product. ports or services is to be installed and for all other private
permissions. consents or licenses, including but not ~miled lo. the use
of registered trademarks or copyrights used on the sign prodvct,
ports or seNices. necessary for the manvfoclure, the instonotion,
maintenance ond use of such. The only exception to this will be if the
Buyer's Guarantee to Build check box al the beginn ing of this Sign
Pvrchase Agreement is checked. The terms and conditions for this.
briefly being stated herein, shall GUARANTEE FULL PAYMENT TO
SELLER with no guarantee lo Buyer that the sign product. ports or
services wil be utilized to ony beneflt of the Bvyer. Bvyer wil be
obligated lo pay the ful contract p<ice. including installation and wil
hove to make orrongemenls for receipt of. off loading of or.d
storage of sign product. ports or services with no future claims for
installation, service or maintenance of such from Seller. The Buyer's
Guarantee to Buld is slficlty offered to allow monvfoctvring of sign
product. ports or services lo proceed WITHOUT the proper permits
obtained. It in no way obligates Se ller lo be adverse to the low for
instaaation (without permits) of sign prodvcl. parts or service.
6. INSTAUATION OF SIGN PRODUCT Buyer agrees lo and slipulotes
that Bvyer hos designated the location for the sign prodvct. ports or
services or.d subsequent installation of such and is responsible for all
required moterials. lobor ond any other associated expense. at
Bvyer's risk. for the necessary reqviremenls for proper. obstruction
free and/or lowlul installation. Obstructions. obstacles or other
encumbrances, includes bvt is not imited to build ing reinforcement.
building or site oUerolions. a l obstacles as requi"ed for successfu l.
sole. lowlul instollotion including but not imited to overhead (power
lines. bvildings, trees or other encvmbronces). vndergrovnd (such as
vtililies. easements. rocks. buried objects natvrol. man mode or
olherwise). lor.dscaping. sidewob. planters, asphalt. concrete or
any other svch improvements. construction crews other that Seller's
or Se lers agents or Bvyer's normal bvsiness lrofflc. Seller wil not be
responsible for any damages for such items during the normal
installation process. Any re turn trips or deloys or overtime charges
incurred wil be passed on to Bvyer al Bvyers expense.
7. ASSIGNMENT This Agreement shol be binding and invre lo the
benefit of the parties hereto, their respective successors. executors,
administrators. assigns and legal representatives; provided, however
Q 2022 Springfield Sign, All Rights Reserved
that the interests of Buyer herein sho n be assigned only with the
e~ressed. written consent and approval of Seller. No transfer or
assignment of this Agreement or ony interest herevnder sho N release
Buyer from their obHgolions herein.
8. DEFAULT OR BREECH OF AGREEMENT The parties stipulate tho! the
sign product. ports or services is(ore) not an article of general trade
or uliity bvt is uniquely designed and is to be constructed and/or
installed al the request and for the sofe and spec kl I purposes of
Buyer. The sign product, ports or services is of no value to Seller. and
therefore, hos no resole or other valve lo anyone other than Buyer.
this Agreement is not conceloble except with expressed written
permission of the Seller. Buyer sho D be deemed to have breached
this Agreement by insolvency, default in payment amounts or
schedules as set forth herein, abandonment of the sign product.
ports or services or vacating the premises where such is located.
terminaHon or transfer of Bvyer's interest in the premises or bvsiness,
appointment of o receiver for Buyer's business. the filing of o
voluntary or involuntary petition of bankruptcy with respect to Buyer,
or any oct or omission of Bvyer in contravention to this Agreement. In
addition lo Buyer's other oblgolions hereunder. in Iha event Seller
shaH institute ony action or lawsuit for the enforcement of the
obligations of Buyer herein, Bvyer shall pay and indemnity Seller for
all costs of court. reasonable attorney's fees exper.ded. interest
e~enses of 2% per month or os allowed by low whichever is more,
coleclion fees. administration fees, ond. pay Se ller on amounts
awarded by the court as o result of such proceedings. Bvye(s
breach of any provision in any other Sign Purchase Agreement or
other instruments as pvt forth by Seller or Connrmation of Order with
Seller shall also be deemed lo be o breach hereunder. or.d Seller
may susper.d its performance and delivery under this and ol other
agreements with Buyer until Bvyer provides Seller with adequate
assurance of pertormonce within o reasonable time. not exceeding
ten (10) doys. ofler Seller has informed Buyeroralty or in writing. of its
grounds for insecvrity.
9. COPYRIGHTS. mLE &. CONVEYANCE OF OWNERSHIP Seller
specmcoNy retains ownership ond/or title of sign product. ports or
services until Buyer has performed and fulfilled an terms and
conditions required by Seller. herein. or os otherwise allowed by low
lo Seller's benefit. Buyer also, conveys to Seller the obsolvle right lo
access property to remove sign product or ports from sold property.
should any default arise on Bvye(s behalf, and, lo pay for o ll
necessary costs for removal and possible subsequent re-inslollolion
of sokl product at e~ense in addition to that outined herein. solety
at Bvyer's risk and expense. Buyer agrees and will defend some that
Seller shall al all limes hove title lo on original d rawings. designs and
specifK:ations relating to the work hereunder, which were developed
or created by or on behalf of Seller, and Seller hereby c laims
copyrights. where oppicobte, of al such d rawings. designs and
specifK:ations. Poyment of aa or part of ony amounts hereunder
does oot poss tilfe to the "original drawings, designs, speciflcations'' of
said sign product. parts orsefvices. although Iha some may be
reproduced wi1h the expressed written consent of Seller. Buyer shoN,
vpon reqvest of Seller, promptly return al svch drawil"lgS, designs and
specifications. and copies thereof. to Se i er during al limes which
Buyer owes Sell er ony amounts hereunder. Buyer agrees that Seller
has specific legal righh in the form of Copyrights or other instruments
given by low lo Protect and does hereby declare Seler's ownership
of oN drawings artwork and the ike during ond after the terms of the
Agreement herein
10. MANUFACTURING SPECIFICATIONS/INDUSTRY STANDARDS Buyer
understands ond agrees to allow Seller. solely al Selle(s discretion to
make modifications for ond conforming to Seller's standard
manvfaclvring practices. II is also vnderslood by Bvyer. that no
color. shape. dimension or any other specific feature of said sign
product. ports or services is guaranteed absolute. A5 practical
examples absolute cofor matches or dimensions are not gvoranleed
and wiN be allowed reasonable differences within industry standards.
Buyer agrees that Seller may mark and lobe I sign for legal. naHonal
code, electrical. manvfoclvring, advertising or other reqvirements
and purposes as is reasonably necessary lo conduct doy-to-doy
business as allowed or required in the industry ond for Seller's own
satisfaction and benefll.
12. SUBJECT TO PRIOR SALE Used sign products, new or vsed products
offered for resole from other manufacturers. such as but not li mited
to electronic displays moy be subject to prior sole affecting price
and or deivery limes to Bvyer. Seller wil oot be responsible for any
consequences related lo such issues. This irx:ludes promotional or
sales or any other type of proposal made to customer. Se ller hos no
authority or control over other manufoclvrers ond Seller employ's
numerous soles agents oH of whom may be promoting the some so le
item, thvs depleHng ony available inventory.
13. CHANGE ORDERS Any alteration, deviation and/or reasonably
significant variance from the scope of work. construction or lobor or
otherwise from the sign(s) or products or services as ou lfi ned herein,
including all extra costs. hereafter called Change Order. will be
execvted only vpon written orders and may become an additional
charge over and above the p<ice slated herein. Any such Change
Order reqvested by Bvyer mvst be agreed to by Seller. in writing and
solely at the dlscrelion of the Seller. II is understood that any Change
Order could necessitate the need for o p<ice increase. on extension
in the time reqvired to complete the work ou lfi ned herein or ony
other reasonable and necessary charges, terms, cor.dilions.
equipment or the ~ke as so required lo execute the Change Order.
14. SUSPENSION OF MANUFACTURING Any request or event or
otherwise reqvired by Bvyer to delay, svspend. cancel or otherwise
impede the monvfoctvre. delivery or.d/or installation of said sign
product. ports or services. for ony reason or occurrence out of the
control of Seller. then Bvyer shal immed iately pay the fuN purchase
p<ice or any amount remaining and dve lo Seller. Furthermore, vpon
such request. Buyer shall be solely responsible for storage charges
and ony increoses in labor ond/or molerial costs incurred by Seller in
the monvfocluring process. Bvyer's folure lo comply with this
provision wil be deemed and construed as on onlicipolory breach
of lhls Agreement. In the event Buyer complies with the foregoing,
Seller wiR complete the manvfoclvring. delivery or.d/or insto l olion
within o reasonable period of time upon reasonable request of
Buyer.
15.SECURITYINTEREST BvyergronlsSelleroSECURITY INTERESTinlhe
sign product. ports and/or services vntil on obligations lo Seller.
hereunder ore fully pofd. Sell6f may file and record this Agreement
as a financing statement vnder Chapter 400 of the Missouli Uniform
Commercial Code Section 400.9-521. in addition lo any other
permitted standard or nonstandard forms . If Buyer sha ll fail to pay os
agreed to herein, Seller (or Seller's agents or represenlotives) sha ll
hove the right. and wil be defer.ded by Bvyer. ond is hereby
authorized and empowered to toke and resume possession of and
remove into Seller's possession, with or withovt process of low. the
sign product, ports or services or.don other property described
herein, wherever found. and remove ond sell the same at either
public or p<ivate sole, or by any other vioble method. as deemed
solely by Seier. al svch lime and place as Seller shall choose. and as
allowed by law. Seller shaR appty the proceeds of such sale as a
credit vpon the obligations of Bvyer herevnder. In svch event. Seller
is entitled lo recover all expenses of sole. inclvding any reasonable
attorney's fees necessary in handli ng the matter. without prejudice
to Seller to the further enforcemen1 of any bolonce of svch
obligation due Seller by Buyer. or expenses remaining due from such
sale . In the event the proceeds of such sole exceed the balance of
Bvyer' obigolion lo Seller and the expenses of such sole. Seller shan
forward any such excess lo Buyer. Buyer shol not use said sign
products as to lessen the value of Selle(s SECURITY INTEREST or impair
the operation of said sign product. ond in the event the sign product
is damaged through the intentional acts or willful negi gence of
Buyer, Buyers customers. its agents or employees. contractors or th ird
parties, or by wind, hail. earthquake, fire. wor, tornado, hvrricone,
flood, labor dispute. vandalism, acts of God or acts of no lure. Buyer
agrees to pay for the necessary expenses to restore said sign
product, port or services in operable condition. After delivery and/or
installation, whichever is contracted for. in the event the sign
product is lost, stofen, destroyed. or otherwise impaired. Buyer shall
remain liable to Seller for all omovnts herevnder, UNTIL BUYER'S
OBLIGATIONS TO SELLER ARE FULLY SATISFIED HEREUNDER. THE
PROPERTY DESCRIBED HEREIN WILL REMAIN PERSONAL PROPERTY OF
SELLER WHETHER THE SAME IS ATTACHED IN ANY MANNER TO THE
REALTY OR NOT. SAID PROPERTY SHALL NOT. BY REASON OF
ATTACHMENT OR CONNEC TI ON TO THE REALTY. BECOME OR BE
DEEMED A FIXTURE OR APPURTENANT TO SUCH REALTY. No transfer
renewal. extension. or assignment of the Agreement or of any
interest hereunder, and no loss. damage or destruction sho R release
Bvyer or any Guarantor from the obligations ossvmed hereunder.
During all limes in which Buyer is obHgoled for any amounts lo Se ller
hereunder. Buyer shan keep said property free from an tax liens and
other encvmbrances. and any sum of money !hot may be paid by
Seller to release ony such liens or erx:umbronces shall be paid on
demand by Buyer in addition to the obligations secured hereunder.
16. WAIVER OF CONSUMER RIGHTS
17. DELIVERY ANO PERFORMANCE Seller shaN not be held responsible
for. and the period of time reqvired for completion of ony project or
maintenance or repairs, shall be tolled during any lime when Se ller is
delayed or prevented from completing the ob6gotions hereunder
because of strikes, equipment breakage. flre, war, terrorism. labor
disputes. commerckll delays. acts of God/nature. regulations or
restrictions of any government entity or public authority. or any
acc;dents or forces, conditions. or c ircumstances beyond Selle(s
control. and Seller shall oot be liable for any loss whatsoever suffered
by Buyer, directly or indirectly. as a result of any such events or
occvrrerx:es. Bvyer agrees to examine ond inspect al installations.
repoh. and maintenance. and within ten /10) days, notify Se ller in
writing of ony complaints about work performed under this
Agreement. The fo ilvre of Bvyer to give svch written notice sha ll
constitvte acceptance of the work pertormed. The provisions of the
paragraph shol not be imited by any provision in which lime is
made of the essence. Notwithstanding anything in this Agreement to
the contrary. ff at ony lime p<ior to completion of this Agreement
Selle(s prospects for payment are. in Seller's sole discretion, impaired.
Seller may requi"e payment in advorx:e before permitting delivery or
any insloDotion or services hereur.der. and may demand Buye(s
immediate performonce of Buyer's obligotion.s hereunder. If
reqvested by Seller, Bvyer sho n furnish eviderx:e, satisfactory to Seller.
prior lo commerx:emenl of Seller's work hereunder or al any lime
thereafter, that sufficient funds are ova~able and committed to pay
the ful amount owing by Buyer under this Agreement.
18. STATE OF JURISOICTION /SEVERA&ILITY/MISCEtLANEOUS Al
represent olives of Seller ore stipulated and specified in this
Agreemenl. No modifications hereof shan be valid unless mode in
writing AND agreed to. AND signed by both Seller and Bvyer. No
waiver by either party h6felo shall be o waiver of any subsequent
breach of or failure to perform the some or ony other term,
condition, or obigolion hereof. It is agreed by both parties hereto
!hot venue of any action arising under the Agreement shall be in
Greene County. Missouri and the laws of the State of Missouri shall
govern this Agreement. Shovld any port of this Agreement
contravene public poicy or lows of the jurisdiction in which ii is
sought to enforce the same, then such port shall be considered nul
and vokl and hove no force and effect and the bolonce of the
terms and conditions of this Agreement shoN remain voHd and in~
force arid effect. Buyer expressly grants Seller the right to use
pliolographs. drawings or other repHcos of the sign prodvcl
specified herein in its brochures. pamphlets, displays, soles
documents or other advertising or promotional media in the ordinary
course of bvsiness of Se ller. Seller may place on the sign product its
name, telephone number and location of such information. as sha ll
be determined by Seller and solety by the Se ller. Bvyer agrees that
Bvyer is purchasing said sign prodvcl for bvsiness or commercial
purposes or use and not for personal. !amity or household use or
purposes. In regord to payment of ony amount dve hereurider, time
is of the essence.
Daily Use Plan
The property will be used to conduct chiropractic adjustments, functional medicine consultations and
neuro emotional therapy sessions. The two approximately 12x12 rooms will be used one at a time, with
patient schedules not overlapping. We plan to see only 5 people per day using on-street parking.
The property has a communal waiting room area with a bathroom. The other offices on site are a
lawyer, an artist, and a musician who does private lessons.
1 BOA 25.03 Sweet Home Chiropractic
January 23, 2025
Summary of Request:
The Applicant, Sweet Home Chiropractic, on behalf of the Owner, Tim Hogan, is requesting a Special
Exception – Use Not Accounted For, to allow for a professional medical office on property located at 68
N Bancroft. The property is zoned B-2 General Business District. The current building contains a lawyers
office, musicians room, and artist studio. The business has been operating in this location for several
years without a business license.
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: The adjacent properties are zoned B-2 as well and provide for a mixture od uses.
(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. The site utilizes an existing building.
(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.
2 BOA 25.03 Sweet Home Chiropractic
January 23, 2025
(i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values;
Response: No issues noted.
(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 Sweet Home
Chiropractic.
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1 BOA 25.04 The Preserve at Sweetwater Branch – January 23, 2025
Summary of Request:
The applicant, Dewberry, on behalf of Owner, Tanglewood Investments, LLC, is requesting a special
exception to allow a restaurant to operate in a B-1 district. The proposed restaurant will be called The
Supper Club at Sweetwater Branch and if approved will be located at the terminus of Sweetwater
Circle. The property is currently vacant and consists of four (4) parcels.
Comments:
Restaurants in B-1 districts are “permitted only on appeal and subject to special conditions” in
the Zoning Ordinance.
Article II, Section A(4)(d)(2) describes the duty and power of the BOA that is applicable to this
case.
2 BOA 25.04 The Preserve at Sweetwater Branch – January 23, 2025
The Subject Property was annexed into the City on April 24, 2006, via Ordinance No. 1299. A
subdivision case followed that created a three (3) lot subdivision with a common area shown
below on Slide 2276-F called The Preserve at Sweetwater.
A note on the above plat requires all paving to be pervious sans limestone.
On December 2, 2024, the Planning Commission recommended approval of the request for re-
zoning from R-1 to B-1 with the following conditions:
1) Re-plat combining the four (4) lots memorializing buffers and easements to be
recorded with Baldwin County Probate.
2) Subject property shall be restricted to restaurant sue only subject to approval by the
BOA.
Hours of operation will be for dinner only, Wednesday-Sunday from 5-10 p.m. There are 234
seats proposed including outdoor benches where dining will not be provided. There is an
ancillary building for storage.
The Subject Property is adjacent to Titi Swamp. Applicant has preserved 36% of the site by
protecting existing water features, including Sweetwater Branch, and with buffers. Construction
will be at least one (1) foot above known flood levels. The City of Fairhope shall be indemnified
from any and all flooding issues on site.
Garbage will be collected by a private vendor. Riviera Utilities can provide electricity. Water,
sewer, and gas may be provided by Fairhope Utilities.
3 BOA 25.04 The Preserve at Sweetwater Branch – January 23, 2025
The review criteria for this case 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. South Mobile Street and Sweetwater Circle is a recognized suburban mixed node.
(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: The approach, Sweetwater Circle, is already mostly developed and county zoned B-2.
B-2 county zoning allows restaurants. There are two (2) vacant lots before the terminus of
Sweetwater Circle.
(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: The site protects wetlands and provides buffers to Sweetwater Branch and Titi Swamp. All
structures will be elevated as well to curb flooding.
(g) Compliance with other laws and regulations of the City;
Response: Complies.
(h) Compliance with other applicable laws and regulations of other jurisdictions;
Response: Complies.
(i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values;
Response: No issues noted.
(j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: No issues noted. Hours of operation differ from the existing businesses.
(k) Overall benefit to the community;
Response: The proposed restaurant is replacing an earlier version of the same establishment near this
area, which was complementary to the surrounding community.
4 BOA 25.04 The Preserve at Sweetwater Branch – January 23, 2025
(l) Compliance with sound planning principles;
Response: Complies.
(m) Compliance with the terms and conditions of any zoning approval; and
Response: Complies.
(n) Any other matter relating to the health, safety, and welfare of the community.
Response: No issues noted.
Staff Recommendation:
Staff recommends APPROVAL with conditions of the appeal to allow a restaurant to operate in
B-1 zoning with conditions. This appeal is for restaurant use only. Planning Commission
recommended approval of the zoning change to B-1 zoning with the condition that the subject
property is used solely as a restaurant. Any other use shall require additional review through the
usual processes.
1. City Council approves ZC 24.10 which includes a restaurant as an allowed use.
December 9, 2024
City of Fairhope Planning & Development Services
451 Pecan Ave Ste. 200
Fairhope, AL 36532
RE: Preserve at Sweetwater
Special Exception Narrative
To Whom It May Concern,
Dewberry, on behalf of our client, Brian Metcalf/Tanglewood Investments, LLC, is requesting a
Special Exception for a restaurant in B-1 zoning on PIN #s: 57219, 243332, 281752, and 281750.
The proposed request is to authorize a restaurant for the Supper Club at Sweetwater Branch. B-1
lists restaurants as permitted in the table of use upon approval by the BOA and subject to special
conditions. The granting of the special exception is consistent with the comprehensive plan and
compatible with surrounding uses.
The Supper Club was established in 2013 and operated down the road from the proposed site until
down the facility on July15, 2024. Hours of operation are dinner only with service
Wednesday – Sunday from 5 pm -10 pm.
There are 234 seats proposed including outdoor benches which do not provide dining. All lighting
will be compliant with the City of Fairhope height limits of light poles at 10-feet as well as zero-foot
candles at property line. A 4’ sidewalk will be constructed to connect to existing businesses.
Service yard depicted on the plan is for delivery receiving incidental to the kitchen. The storage
building houses are an ancillary use to store extra tables, chairs, decorations, tablecloths, etc., as
well as provide a
existing subdivision –
construction plans.
Applicant understands this area has been inundated and has preserved 36% of the site with
Owner will indemnify the City of Fairhope for any
befall
parking is required per prior subdivision plans.
Garbage service will be collected by private service. Water, sewer, gas and power are provided by
Fairhope Utilities.
If you have any questions or comments regarding the information contained in this submittal,
please advise.
Sincerely,
DEWBERRY
Cathy S. Barnette
Associate
CC: Preserve at Sweetwater
File (50184311)
Supper Club - Preliminary Landscape Calculations 12/3/2024
Perimeter
Measured -
Feet
Trees
required
Perimeter
/30'Notes
Frontage - C1 arc 62.86 --------3
Total Perimeter N/I Frontage 1,462.62 --------49
Total Parking Spaces 41 -------- 12/2 layout
Parking Spaces/12 4 --------
Parking Overstory Tree Required --------2
Parking Understory Trees Required --------2
Total Tree Credits Required --------56
Total Existing Heritage trees 14
Heritage trees to be removed 9
Remaining/Saved Heritage trees 5
Credits from Remaining/Saved Hrtg Trees --------13
Native trees N/I Heritage trees - credits --------25 Estimate from review of 12-3-24 revised tree survey
New overstory trees --------16 12 Live Oak, 1 Magnolia, 3 Wash. Palms - DZ design
New understory trees --------15 6 American Holly, 6 Smoke trees, 3 Bay Magnolia
Total tree credits and and new trees --------69
Landscape area calculations
Acres SF
Lot 1 0.57 24,829
Lot 2 0.54 23,522
Lot 3 0.86 37,462
Common Area 0.39 16,988
Total area 2.36 102,802
SF
Percent of
Total Area
Delineated Wetlands 20,806 20.2%
20' Wetlands Buffer 8,757 8.5%
10' Wetlands Buffer 4,185 4.1%
Environmental Restrictive Covenant 3,233 3.1%
Total Area - Wetlands and Buffers 36,981 36.0%
SF
Minimum landscape area - 20% of total 20,560
Frontage landscape area - 60% of minimum 12,336
/
/
/
/
... • /
/
-
Date:
Time:
Flow Hydrant
Hydrant Location
Latitude:
Size of Water Main (Inches)6 Type of Material:
40 2.5 1
0.9
Calculated Flow (Q)GPM
Flow Hydrant
Hydrant Location
Latitude:
Size of Water Main (Inches) 6 Type of Material:
Static Pressure (PSI)92 Residual Pressure (PSI)
Calculated Fire Flow @ 20 PSI (AFF):GPM
Signatures:
Operator:Micheal C. Johnson
Engineer of Record:
48
1384.53
Fairhope Water Utility
Hydrant Flow Test
October 30, 2024
12:01 PM
Sweet Water Circle (+30.50299, -87.920092)
PVC
1061.22
Outlet Diameter (in):
Longitude:30.502990 -87.920092
Pitot PSI Number of Outlets Flowing
Select Appropriate C Value:
Sweet Water Circle (+30.503437, -87.920888)
PVC
30.503437 Longitude:-87.920888
C factors for outlets of less than 4-inches in size and type are
given below.
Outlet less than 4" in size, smooth and rounded: 0.90
Outlet less than 4" in size, square and sharp: 0.80
Outlet less than 4" in size, projecting:0.70
October 16, 2024
Kiersten Cavender
Dewberry Engineering
RE: Service Availability Lots 1-3 Preserve at Sweetwater Subdivision
Dear Ms. Cavender,
This letter is in response to your request for information on the availability of service at the
above location by AT&T.
This letter acknowledges that the above referenced property is located in an area served by
AT&T. Any service arrangements for this location will be subject to later discussions and
agreements between the developer and AT&T. Please be advised that this letter is not a
commitment by AT&T to provide service to this location.
Please contact me at the phone number included in this letter with any questions.
Thank you for contacting AT&T.
Sincerely,
Wade Mitchell
Senior OSP Design Engineer
AT&T Alabama
2155 Old Shell Rd
Mobile, Alabama 36607
Gulf District/ Mobile Office
R IVIERA U TILITIES
413 East Laurel Avenue - Foley, AL 36535
Phone (251) 943-5001
10/17/2024
Kiersten Cavender
Dewberry
25353 Friendship Road
Daphne, AL 36526
RE: Preserve at Sweetwater
This letter is to confirm based on the site plan received; Riviera Utilities is willing and able to provide
electric service to above referenced property.
Riviera Utilities requires a 10 all side property lines and a 15
and rear property lines. Please ensure all property plats reflect the easements.
Upon final design, Riviera Utilities will provide estimates for service fees and system installation
requirements to meet all Riviera specifications. Please contact the following Riviera employees
concerning costs and requirements.
Name Department Email
Wes Abrams Electric wabrams@rivierautilities.com
If you have any questions or comments, contact Riviera Utilities at 251-943-5001.
Thank you,
James Wallace
Sherry Sullivan
Mayor
Council Members:
Kevin G. Boone
Jay Robinson
Jack Burrell, ACMO
Jimmy Conyers
Corey Martin
Lisa A. Hanks, MMC
City Clerk
Kimberly Creech
Treasurer
161 North Section St.
PO Drawer 429
Fairhope, AL 36533
251-928-2136 (p}
251-928-6776 (f}
www.fairhopeal.gov
November 21, 2024
Re: The Supper Club at Sweetwater
All Tap fees and System Development Charges (SDC's} will apply, and all necessary
infrastructure improvements will be at the developer's expense. This statement of
availability remains effective for twelve (12} months from the date of this letter, at
which time it shall expire and automatically be withdrawn.
Water: Water service by Fairhope Public Utilities is currently available.
Sewer: Sewer service by Fairhope Public Utilities is currently available .
Sincerely,
Jason Brown
Project Coordinator