HomeMy WebLinkAbout07-21-2025 Board of Adjustments Agenda PacketJune 16, 2025
Board of Adjustments Minutes
1
The Board of Adjustments met Monday, June 16, 2025, at 5:00 PM at the City Municipal Complex,
161 N. Section Street in the Council Chambers.
Present: Anil Vira, Chair; Cathy Slagle, Vice-Chair; Frank Lamia; Donna Cook; Hunter Simmons,
Planning and Zoning Director; Mike Jeffries, Development Services Manager; Payton Rogers,
Planning and Zoning Manager; Michelle Melton, City Planner and Cindy Beaudreau, Planning
Clerk.
Absent: Ryan Baker
Chairman Vira called the meeting to order at 5:00 PM.
Approval of Minutes
Cathy Slagle made a motion to approve the minutes from the May 19, 2025, meeting.
Donna Cook seconded the motion and the motion carried with the following vote:
Aye: Anil Vira, Cathy Slagle, Frank Lamia and Donna Cook
Nay: None.
BOA 25.05 Public hearing to consider the request of the Owners, Robert and Melanie Roberts,
for a 20.7’ front setback variance and a 3.4’ side setback variance on property zoned R-2 Medium
Density Single-Family Residential District. The property is located at 657 N. Mobile Street. The
property is approximately 0.48 acres. PPIN#: 62470
Hunter Simmons, Planning and Zoning Director, presented the request of the Owners, Robert and
Melanie Roberts, for a 20.7’ front setback variance and a 3.4’ side setback variance on property
zoned R-2 Medium Density Single-Family Residential District. Mr. Simmons shared the aerial
and zoning maps.
Staff recommends denial of BOA 25.05.
Brad Hicks, Attorney at Stone Crosby, spoke on behalf of the owner. Mr. Hicks shared the plat of
the Volanta Subdivision, Block 8 and explained that there are other properties built outside of the
setbacks and are non-conforming. Mr. Hicks listed additional property closer to the setback lines
than the Roberts’ house. Mr. Hicks noted that the lot line should abut the water and listed
peculiarities of other properties and continued that the park functions as an extension of the houses
and that the homeowners maintain the park. Mr. Hicks touched on each hardship point and shared
approved permits from the Building department along with corresponding e-mails. Mr. Roberts
self-reported that the house was built over the setback lines in early 2025. Mr. Hicks read 11.52.80
Code of Alabama.
Bob Roberts, 657 N. Mobile Street, Owner, reiterated that they did the right thing by self-reporting
and that they had approved permits and inspections.
June 16, 2025
Board of Adjustments Minutes
2
Cathy Slagle asked how they found the error. Mr. Roberts explained that the side setback was not
correct, then reached out to the city. He then began measuring the front setbacks and asked the city
for clarification.
Chairman Vira opened the public hearing at 5:53pm
Joe Thetford, Attorney, Chason & Chason, spoke on behalf of the Palesano’s and Clover LLC, and
shared a presentation and the properties owned by his clients. Mr. Thetford states that the Roberts’
home was constructed without regard to the setbacks and agrees with the staff report. Mr. Thetford
shared the replat, showing lots 4A and 4B with setbacks which are contained within the deed when
the Roberts brought the property. In 2023, the city stated the house was over the setback and asked
for a revised site plan. The new site plan did not show lot 4B. Mr. Thetford shared several e-mails
between the surveyor and builder showing that the Roberts knew about the layout problem. Mr.
Thetford reiterated that the hardship was self-inflicted, and the construction hit high gear once the
conflict was reported and continued until a stop work order was issued. Mr. Thetford stated that
where other houses were built have no impact on whether a variance should be granted.
Robert Brown, 15401 Scenic 98, was asked by the Roberts to work on the house after the first
builder left and believes the error was made when the foundation survey was not uploaded and
construction started.
Mr. Hicks stated that the survey was wrong, and Mr. Roberts did not know that this had happened.
Tyler Parr, 610 N. Mobile Street, asked where the basketball court was. Erik Cortinas, City of
Fairhope Building Official, replied that the neighbor had to remove a fence, and the basketball
hoop was removed years ago.
Mr. Thetford shared four additional emails against the project from Palesano, Tang, Broadus and
Minto.
Joanne Broadus, 617 N. Mobile Street, stated that they bought their house which is well within the
setbacks. She is active in communities with Dogwood Trail and has parties in the park. She added
that the Roberts are in violation of the setbacks which block views of the bay.
The public hearing was closed at 6:28pm.
Ms. Slagle asked who owns lot 4B? Mr. Simmons shared the Palesano replat and explained that
there have been approximately twenty amendments to the Zoning Ordinance and the lot at the top
of the bluff does not abut the bay. Lots 4A and 4B will convey together in perpetuity. The setbacks
were established to meet the goal of building at the top of the property.
Donna Cook asked if there are any changes to the building plans and stated the steps are not shown
and could still go out further into the setback.
June 16, 2025
Board of Adjustments Minutes
3
Motion:
Cathy Slagle made a motion to deny BOA 25.05.
Frank Lamia seconded the motion and the motion carried with the following vote.
Aye: Anil Vira, Cathy Slagle, Frank Lamia and Donna Cook
Nay: None.
Old/New Business
None
Adjournment
Cathy Slagle made a motion to adjourn.
The motion carried unanimously with the following vote:
Aye: Anil Vira, Cathy Slagle, Frank Lamia and Donna Cook
Nay: None.
Adjourned at 6:35p.m.
____________________________ ________________________
Anil Vira, Chairman Cindy Beaudreau, Secretary
: Michelle Melton
City of Fairhope
Board of Adjustments
July 21, 2025
BOA 25.06 -Casa Azul
~
Project Name:
Casa Azul Fairhope
Site Data:
2.82 acres
Project Ty_e,e:
Operate restaurant o n B-1 Local
Shopping District
Jurisdiction:
Fairhope Planning Jurisdiction
Zoning District:
B-1 Loca l Shopping District
PPI N Number:
59279
General Location:
Intersection south of Southland Blvd
and Greeno Road
Survey_or of Record:
Phillip Owens
En gineer ol Record:
Ph ill ip Owens
Owner L Develoe,er:
Casa Azul Fairhope, LLC
Sch ool District:
Fai rhope Elementary School
Fairhope Middle and High Schools
Recommen dation:
Approved w/ Conditions
Preeared b~:
Name
-
--Road
-B-1 Local Shopping District
D B-2 General Business District
LJ HTD -Highway Transitional District
D PUD -Planned Unit Development
D R-1 Low Density Single-Family
LJ Parcel
1 BOA 25.06 Casa Azul 18348 Greeno Rd – July 21, 2025
Summary of Request:
The applicant, Phillip Owens, on behalf of Owner, Casa Azul Fairhope, LLC, is requesting a special
exception to allow a restaurant to operate in a B-1 district. The property currently has an existing
house, well, and gravel drive. The proposed restaurant will be called Casa Azul and if approved, will be
located at 18348 Greeno Road at the entrance to Southland Place. The property consists of +/- 2.82
acres.
Comments:
Restaurants in B-1 districts are “permitted only on appeal and subject to special conditions” in
the Zoning Ordinance.
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B-1 Local Shopping Distric t · T his district is intended to provide for limited retail convenienoe goods and
personal serv ice establishments in residential neighborhoods an d to e ncourage the concentration of th ese us -es in
one (1) locatio n for each residen tial neighborhood rather than in scatternd sites occup i.ed by individual shops
througho ut a neighborhood. R estaurants in the B-1 zoning district may be permitted only on appeal to the
Board of Adjus tme nts and may be subject to s pecial conditio n s. Drive thru restaurants shall not be permitted in
th e B -1 zoning district.
2 BOA 25.06 Casa Azul 18348 Greeno Rd – July 21, 2025
Article II, Section A(4)(d)(2) describes the duty and power of the BOA that is applicable to this
case.
The Subject Property was annexed into the City on April 14, 2025, via Ordinance No. 1830 as B-
1.
Although the below criteria are what controls the review of this application for a special
exception, a preliminary architectural (not civil) site plan was submitted with the application.
Applicant, Owner, and staff met to discuss issues and challenges with this location and
Applicant and Owner submitted another preliminary architectural site plan. The following
general comments are regarding the most recent architectural site plan submitted. Additional
civil plans shall be submitted for review should this special exception be granted.
Firstly, the Tree Ordinance applies so submission and approval of a tree inventory is necessary
prior to any land disturbance/silviculture/construction. Applicant has identified a large heritage
oak tree that Applicant claims needs to be removed because Applicant believes it to be
diseased. This will need to be confirmed by the City Horticulturist before any tree
removal/silviculture/land disturbance.
The revised preliminary architectural site plan has part of the structure of the restaurant within
the Southland Blvd ROW, which is not allowed and the City will not consent to it. Thus, the
structure will need to be shifted, which may trigger additional changes to the current
preliminary architectural site plan.
Access is an issue. ALDOT is not in favor of access off Greeno Road and the City is not in favor of
access off Southland Blvd, the entrance to Southland Place. The adjacent property owner to the
south is not in favor of a shared entrance off Greeno Road. Applicant has not exhausted efforts
with ALDOT, but does anticipate denial from ALDOT. Applicant further anticipates discharging
stormwater into the ALDOT ROW on Greeno Road, which also requires ALDOT approval.
Applicant has stated there will be 298 seats, which allows for only 65 parking places, including
the 20% overage. Applicant has 68 parking spaces on the current plan without any permeable
parking per Article IV, Section E(4)(c)(2).
The loading area does not appear to be in the most accessible place even for a box truck.
All signage shall conform to the Sign Ordinance and any other applicable rules and regulations.
Applicant intends to install a new sidewalk on the west and north sides of the property.
Screening shall be provided on the east side of the property that abuts Southland Place.
The survey provided refers to Mobile County in Note #9. It should read Baldwin County.
(2) Sp ecial Exceptions -T o hear and decide special exceptions to the terms of this ordinance upon which
the board is required to pass under thi s ordinance .
3 BOA 25.06 Casa Azul 18348 Greeno Rd – July 21, 2025
Garbage will be collected by a private vendor.
Riviera Utilities can provide electricity.
Water is provided by Fairhope Utilities, which prompted the annexation of this parcel.
Gas may be provided by Fairhope Utilities.
Citizen Comments
Received comments from an individual are about traffic, noise, and light pollution concerns. As
stated, there is existing vegetated buffering (approximately one acre) on the east side of the
parcel that abuts Southland Place. A photometric plan is part of the more in depth review if this
case is approved. The Noise Ordinance will apply to the restaurant and the ingress/egress to the
site remains to be determined. Hours of operation are anticipated to be 11 a.m. -10 p.m.
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. Greeno Road is a recognized North-South Thoroughfare in the 2024
Comprehensive Plan that calls for "less signage, more landscaping, expanded sidewalks, fewer and
narrower driveways, cross-access between adjoining sites for improved connectivity, less front parking,
and more parking to the sides and rears of buildings…” The property is also in between two (2) identified
Suburban Mixed-Use Centers: All corners of Greeno Road and Fairhope Avenue; all corners of Greeno
Road and Old Battles Road.
(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 immediate surrounding parcels, excluding Southland Place, are a mixed bag of
county zoning. The City is currently unaware of any pending development.
(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;
4 BOA 25.06 Casa Azul 18348 Greeno Rd – July 21, 2025
Response: An occupied house has been on the property for quite some time. Tree Ordinance applies and
Applicant is keeping the back part of the property forested (that fronts part of the Southland Place
neighborhood).
(g) Compliance with other laws and regulations of the City;
Response: Signage shall be vetted in accordance with the Sign Ordinance and improvement of Southland
Blvd shall be coordinated with Public Works.
(h) Compliance with other applicable laws and regulations of other jurisdictions;
Response: Any work on Greeno Road and discharging to ditch on Greeno Road shall be coordinated and
permitted by ALDOT.
(i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values;
Response: There will be screening on the back portion of the parcel that abuts Southland Place. There is
already a commercial operation directly south.
(j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: There will be screening on the back portion of the parcel that abuts Southland Place. There is
already a commercial operation directly south. Hours of operation will differ from morning traffic.
(k) Overall benefit to the community;
Response: The proposed restaurant will be the first free-standing restaurant of its kind in the city.
(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 recommend 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. Any other use shall require
additional review through the usual processes.
1. Vehicular access shall be restricted to Greeno Road.
From:
To:
Subject:
Date:
Hello,
CARI A GRAY
lllillllllDll
case:BOA 25.06 Phill ip Owens
Thursday, Ju ly 10, 2025 11:02:03 PM
The SPPOA is requesting a copy of the p lans for this restaurant. We have concerns regai·ding loud music, traffic
flow in the neighborhood and if this restaura11t will sell alcohol. What will be the seating capacity? How close will
this restaurant be to the homes located on Vivian Loop? What will be the hours of operations? How large will the
parking lot be?
Respectfully Submitted
Carla Gray
SPPOA President
From:
To:
Subject:
Date:
Brenda Mitchell
lllillllllDll
Specia l Exception for casa Azul
Wednesday, July 9, 2025 9:24:01 AM
During the school yea1· getting out of our neighborhood on Manley Road is prohibitive. The entrance and exit on 98
are our best option. If the entry to the restaurant is on 98, that shouldn't interfere, however, if it's on Southland that
could be another issue for local traffic.
The other issue would be, is there outdoor dining? If so, would there be bright lights and/or music? Those are the
questions I would like addressed. Thank you.
From:
To:
Subject:
Date:
[I]
Brantley Pierce
JllilllOlllll.
casa Alzul Meeting
Thursday, Ju ly 10, 2025 7:19:35 PM
To whom it may concern, I live at at 108 Vivian loop, Fairhope, Alabama, within the
Southland Place subdivi sion. I received a letter this week about the proposed restamant on
Hwy 98. My property on V iv ian Loop backs up directly to tl1e prope1ty that will p otentially be
the home of the restaurant. I am not opposed to the prope1ty being used for tl1e restaurant; I'd
be happy to see it happen. I am concerned about two things.
First, personally, I'd like to know the plan for how far back on the prope1ty the owners p lan to
clear cut. The back side of my prope1ty sits directly beside their property. My back door is
approximately 25 feet from the back ofmy prope1ty. Cunently, the back of my property is a
thick treeline that extends approximately 200 Yards until it opens to the exi sting stmcture on
the proposed property. What is the plant for how far back this tree line w ill be clear cut, and
w ill the owners of Casa Alzul be p lacing a privacy fence on the back side of their property.
When their survey cr ew came through the w ere literally standing w ithin a foot of m y property.
I'm just wishing to know if they plan to clear and built a s far back as m y prope1ty line.
Second, and more generally , what is the restaurant's plan for their driveways and how w ill it
impact the cunent entrance of Southland Place on Hwy 98/Greeno.
Thank you for your time and attention to this matter.
Brantley Pierce
From:
To:
Subject:
Date:
[I]
Isaac Templeton
JllilllDlllll
casa Azul -Southland Place Property Owner
Friday, July 11, 2025 10:34:39 AM
Good morning,
I would like to express my concerns regarding the proposed operation of the Casa
Azul restaurant near the Southland Place neighborhood. We rev iewed the site plan
provided during the county pre application meeting earlier this year. Residents of
Southland Place are aware that there are plans to establish the re staurant entrance
and exit onto the neighborhood 's entrance, seemingly to avoid obtaining an
ALDOT commercial turnout permit. The county previously advised that this wou ld
not be permitted w hen they were previously zoned w ith them at the beginning of the
year.
Southland Place consists of one-way streets, and many residents , including children
with special needs such as autism and deafness , live in the area. There are concerns
about the serving of alcoholic beverages b y the restaurant. As property owners and
parents, we are worried that an intoxicated individual might attempt to make a
wrong turn and drive through our neighborhood, posing safety risks.
Furthermore, the restaurant's location is less than 1,500 feet from the middle school
and just over 2 ,000 feet from the high school's entrance. This proximity should raise
concerns for parents and community members, not only regarding increased traffic
but also because the establishment w ill serve alcohol , w hich could lead to impaired
driv ing in our area.
Additionally, we, the property owners of Southland Place, contribute annual dues
for neighborhood maintenance, including landscaping along Southland Place
Boulevard, the entrance signage, and the camera system associated w ith the
signage. We do not support the idea of a re staurant rely ing on these shared funds to
reduce their responsibilities or cost s. Not to mention how this w ill also hurt our
property values operating along our neighborhood especially during late evenings
and weekends.
Thank yo u for yo ur attention to this matter.
Sincerely,
I saac Templeton, Southland Place Property Owner
Limited Liability Company Agreement
CASA AZUL FAIRHOPE, LLC
An Alabama Limited Liability Company
acting as o r ganizi ng member (s), do he r eby assoc iat ed ourselves into a limited liability company
p ursua nt to the pro visions of the "Alabama Li m it ed Lia bility Co mpany Act" as codified in Chapter 1 of
the T itle 10 A Articl e 5 o f the Cod e of Alabama of 1975, as amen ded, and do hereby adopt the following
a rticles o f organization:
ARTICLE ONE
T he name o f the company is CASA AZU L FAIR HOPE, LLC
ARTICLE TWO
The period for the duration of t he company shall commence on the day of reco rdat ion of t h ese
A rticle s and shall conti nue perpetually u ntil and un less dissolved pu rsua nt to the provisio ns of the
Company's Operating agreement o r the Alaba ma L.L.C. Act.
ARTICLE THREE
The purposes for which the company is organized are:
a) Real Estate Hold ing and.
a) In General, to do any and all thi ngs, and to exe r cise any and all powers which might now or
Hereafter be lawful fo r limited liab ility com pany to do o r exerci se under the sa i d "Alabama
Limited Liability Company Act'', or any act amendatory thereof or supplemental thereto that
may be now o r hereafte r in force .
ARTICLE FOUR
The address of the in itial registered office or the limited liabi lity co m p any is as follows:
126 NORMANDY ST
FAIRHOPE AL 366532
And the name of the initial registe red agent of the lim it ed l iab ility compa ny at said
address i s as follo w s:
DANIEL A. DORTA
ORDINANCE NO. 1830
2182817 ~~
BALDWIN COUNTY , ALABAMA l!l •
HARRY D'O LIVE , JR. PROBATE JU DGE
Filed/cert. 04/21/2025 11 :49 AM
TOTAL S25.00 5 Pages
WHEREAS, CASA AZUL FAIRHOPE, LLC, the owner of the hereinafter described
property, did, in writing, petition the City of Fairhope, a munici pal corporation , for
annexation under Section 11 -42-21 of the Code of Alabama, J 975 , as amended; and
WHEREAS, a map of said property is attached to said Petition as an exhibit; NOW,
THEREFORE
BE IT ORDAINED BY THE GOVERNTNG BODY OF THE C ITY OF F A1RHOPE,
ALABAMA, that the following described property, lying contiguous to the corporate
limits of the City of Fairhope, Alabama; and not within the corporate limits or the police
jurisdiction of any otherm.unicipality; be and the same is hereby annexed to the City of
Fairhope. Alabama, to-wit:
Property is located at 18348 Greeno Road, Fairhope, Alabama.
LEGAL DESCRIPTION:
TAX PARCEL 46-08-28-0-000-017.00I
From the Southwest comer of the Northwest Quarter of the Southwest Quarter
of Section 28, Township 6 South, Range 2 East, Baldwin County, Alabama,
run thence North 89 degrees, 20 minutes East, 40.0 feet to an iron pin lying o n
the O ld East right of way line of Greeno Road ; thence run North 380.0 feet to a
point on said Old East right of way line of Greeno Road; thence run North 89
degrees, 20 minutes East, 48.0 feet to an iron pin marker on the New East tight
of way line of Greeno Road for a Point of Beginning; thence run North, 210
feet to an iron pin marker on said New East right of way line of Gr eeno Road ;
thence run 89 degrees, 20 minutes East, 583.63 feet to an iron pin marker;
thence run South 0 l degrees, 21 minutes East, 2 10.0 feet; thence run South 89
degrees, 20 minutes West, 588.72 feet to the Point of Beginning.
Subject to taxes for the current and s ubsequent years, cas ements, restrictions,
reservations, rights-of-way, limitations, covenants and conditions of record, if
any, and mineral and mining rights, if any, as well as the fo ll owing speci fi c
exceptions:
I . Restrictions, covenants, condi tions, reservations, and easements
recorded in Official Records Book 399, page 39 as restated in Deed
Book 428 , page 816.
2. Right-of-way deed recorded in Deed Book 196, page 187 .
This property shall be zoned B· 1, Local Shopp ing Di strict.
BE TT FURTHER ORDAfNED that a certi fi ed copy of this Ordinance, with a copy of
the Petition and the exhibit, be recorded in the Office of the Probate Judge, Baldwin
County, Alabama.
Petition for Annexation
Page -2-
I, Lo.Drta ~,e('\<"\ a Notary Public in and for said State and County, hereby
certify that Do.a~ t\ PccT()I... whose name(s) is/are signed to the forgo ing
Petition and who is /are known to me, this day appeared before me and, being first duly sworn,
acknowledge that he /she/they have voluntarily executed this Petition on this day same bears date.
Given under my Hand and Sea l this (o day of tetx~ 20 .as_,
(Seal) * STATE OF MISSISSIPPI* dC1.Lvta.M.) ~~
LAUREN GLENN, NOTARY PUBLIC Notary Public
JACKSON COUNlY
MY COMMISSION EXPIRES APR IL 18, 2027
COMMISSION NUMBER 347855 My commission expires f\{!·• \ \i, aoa7
I, ______________ a Notary Public in and for said State and County, hereby
certify that _____________ whose name(s) is/are signed to the forgoing
Petit ion and who is /are known to me, this day appeared before me and, being fi rst duly sworn,
acknowledge that he /she/they have voluntarily executed this Petition on this day same bears date.
Given under my Hand and Seal this ___ day of _____ , 20 __ ,
(Seal)
Notary Public
My commission expires ________ _
I, ______________ a Notary Public in and for said State and County, hereby
certify that _____________ whose name(s) is /are signed to the forgoing
Petition and who is/are known to me, this day appeared before me and, being first duly sworn,
acknowledge that he /she/they have voluntarily executed this Petition on this day same bears date.
Given under my Hand and Seal this ___ day of ____ _., 20 __ ,
(Seal)
Notary Public
My commission expires ---------
Parcel Number Pin OWnerName Address
05-46--08-28-0-900-017 Jl01 59279 ~AWL FAIRHOPE LL C ·126 NORMANDY ST
IJS-46-08-28-0-000-017 .003 243050 PITTMAN, CATHERINE P 18430 GREENO RO
15-46-08-28-0·000-017 .coo 66467 PITTMAN, CATHERINE P 18430 GREENO RO
~28-0-000-019.000 17531 MILLER, DAVID STEAµ'( & NINA PO BOX 0301-00581
QS-46-08-28-0-000-018.001 256577 EAST BAY PROPERTIES L l C 2B2SO US HWY 98
OS-46-08-28-0-000-018.000 "4894 EAST B~Y PROPERTIES L LC 28250 US HIGHWAY !18
OS-46-0&-28-0-000-016.QOO 34093 PITTMAN, CATHER INE PARKER ETAL PITTMAN, A 18430 GREENO RO
Os-46-09-29-0-ooo.(169.001 18439 Ts80NE ~NTURES'L-l-C n MAGNOLIA AVE
OS-46-09·29-0-000-058.004 236230 HADDEN, DEBORAH G (1/4 INT) ETAL GREEN, AN 18447 GREENO RO
05-46-09-,29-0--000-0S8.000 39376 CORBETT.STEVEN W POBOX1609
05-46-<JS-28-0-000001.094 243207 .WILSON, KARIN ETAL WILSON, KIEFER, 32 SOUTH SECTION ST
QS-46-08-28-0-000-001.11.9 243232 WHAT1£Y MARJA·L AND WHATLEY Vl<ITOR G 34 PAOOOOC OR
OS-46'~28-0-000-001.104 2432P SOUTHLAND PLACE SUBDIVISION PROPERTY OW PO BOX 765
05-46-08-28-0-000-00LlOS 243218 CRAIN, JAMES l ETAL CRAIN. CAROLYN A 121 VIVIAN LOOP
05-46-08-28-0-0QO-OOl.099-243212 SOUTHIAND PLACE SUBOMSION PROPERTY OW PO BOX 765
QS-46.-08-.28-0-000-001.122 243235 PIERCE, KARYN ETAL PIERCE, 8RANJU.Y 1,0SVIVIAN LOOP
05-46-08-28-0-000-001.093 243206 SAINISA~T 320 BRONZE ST
05-46-0~28-0-000-001.100 243213 SOUTHlAND PlACE SUBOIVISION PROPERTY OV-P O·BOX 765
05-46-08-28-0-()00.()Q1.118 243231 MIT~HELL, _BRENDA ET~ ~MMERS, SOf:'JA 124 VIVIAN LOOP
DS-46-08-28-0-000-001.120 243233 GRIFFIN, I O ETAL GRIFFIN, ULA JEAN (U 116 VIVIAN LOOP
OS-46-08-28-0-000-00L089 2432Q2 SOUTHLAND PlAC.E SUBDIVISION PROPan:v 01111 P O BOX 765
OS-46-08-~103 243216 MOTRONI, DENA R 31568 CANOPY LOOP
OS-46-08·28-0-<lOO-OOl.121 243234 HAZEt: TON, JULIANNE CETTA ~SVGAR CREEK OR s
05-46-08-28-0-000-001:098 243:ZU WILLIAMS, MICHAEL JEFFAEY 1855 SPRINGVALE LN
05-46-08-28-0-000-001.097 243210 JONES, KEW R ETALJONES, THOMASA 647 MORPHY AVf.
OS--4S-OS:~00l.101 243214 , EV~, MICHAEL PETAL EVANS. MARILYN G· 10735 PECAN OR
05-46-08"28-0--000-001.102 243215 ALEPH-TAV INVESTMENTS LL C POBOX2322
Address2 City State Zip
FAIRHOPE ,Al 36532
FAIRHOPE AL 36532
FAIRHOPE AL 36532
CRISTOBAi., COLON REPUBLIC OF PANA
DAPHNE Al 36526
DAPHNE Al 36526
FAIRHOPE ~ 36532
FAIRHOPE AL 36532
FAIRHOPE AL 36532
l'HtNlXOTY Al 36868
FAIRHOPE Al 36532
FAIRHOPE AL 36532
FAIRHOPE AL 36533.
FAIRHOPE AL 36532
FAIRHOPE AL 36533
FAIRHOPE Al 36532
FAIRHOPE AL 36532
FAIRHOPE Al 36533
FAIRHOPE Al 36532
FAiRHOP£ ~ 36532
FAIRHOPE Al 36533
SPANISH FORT Al 36527
MOBILE AL 36695
LINCOLN ~ 95648
FAIRHOPE Al 36532
FAIRHOPE AL 36532
FAIRHOPE AL 36533
STATE OF ALABAMA
BALDWIN COUNTY
I TEDDY J. FAUSf. JR., Revenue Commissioner
i~ and for.said State and County, do hereby
certify that this is a true and correct copy of the
reco~m~m~j '4fi
-R-~kmer
Property ~tleet Numlier Property Stn!et Name
·18348 GREENO RO
0 GREENO RO
18368 GREENO RO
18256 GREENO RO
OGREENORO
18310 GREENO RO
18430 GREENO RO
·1~ GREENO RO
18447 GREENO RD
18323 GREENO RD
194 DAVISON LOOP
120 VIVIAN LOOP
0 SOUTHl.ANO BLVO
12l VIVIAN LOOP
0 SOUTHtANO BlVD
108 VI\IIAN LOOP
100 DAVISON LOOP
O.SOUTHLAND BLVD
1_24 VMAN LOOP
116 VIVIAN LOOP
0 SOUTHLAND BLVD
117 VIVIAN LOOP
112 VIVIAN LOOP
1_0~ QAVISON LPOP
105 DAVISON LOOP
100 VIVIAN LOOP
104 VIVIAN LOOP
1 BOA 25.08 Fairhope Church of Christ – July 21, 2025
Summary of Request:
Public hearing to consider the request of the Applicant, Lieb Engineering, on behalf of the Owner,
Fairhope Church of Christ, for a Special Exception to allow for a church on property zoned R-1 Low
Density Single-Family Residential District. The property is located at 860 Greeno Road and is
approximately 11.20 acres.
Comments:
Currently, a church or Place of Worship, per the Zoning Ordinance, is not indicated as a use allowed by
right; a use allowed subject to special conditions; nor a use allowed on appeal to the board of
adjustments as defined in Table 3-1: Use Table. Consequently, and as set by historical precedent, the
proposed use is brought to the board as a “use not provided for.”
A preliminary site plan was submitted with the application to illustrate the general layout and
proposes a 100-seat sanctuary. The applicant and staff have met to discuss issues and
challenges with this location. Additional civil plans shall be submitted for review should this
special exception be granted.
Access on Greeno Road would be approved by ALDOT. The proposed plan shows a right in/right
out entrance. The entrance and drainage work are in ALDOT’ Rights of Way and would be
permitted through ALDOT.
The church previously, was located on the property immediately south which has been sold to
separate owner. Connectivity is shown on the site plan to the southern property and would
require approval from that owner to connect to their drive.
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2 BOA 25.08 Fairhope Church of Christ – July 21, 2025
Citizen Comments
The City received one email from Jonathan Carrigan, owner of several neighboring properties,
in full support of the request.
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. Greeno Road is a recognized North-South Thoroughfare in the 2024
Comprehensive Plan that calls for "less signage, more landscaping, expanded sidewalks, fewer and
narrower driveways, cross-access between adjoining sites for improved connectivity, less front parking,
and more parking to the sides and rears of buildings…”
(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 immediate surrounding parcels zoned R-1. The City is currently unaware of any
pending development.
(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 improvements are proposed in the least wooded area of the property to minimize
disturbance.
(g) Compliance with other laws and regulations of the City;
Response: Signage shall be vetted in accordance with the Sign Ordinance.
(h) Compliance with other applicable laws and regulations of other jurisdictions;
Response: Any work on Greeno Road and discharging to ditch on Greeno Road shall be coordinated and
permitted by ALDOT.
(i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values;
Response: Landscape buffers in accordance with the Tree Ordinance will be installed.
3 BOA 25.08 Fairhope Church of Christ – July 21, 2025
(j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: None anticipated. The church’s previous location was directly south, and the size of the
building is decreasing.
(k) Overall benefit to the community;
Response: The proposed church will continue to serve the existing congregation with an updated facility.
(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 of case BOA 25.08 to allow for the use of a church.
1290 Main Street Suite E
Daphne, AL 36526
Phone: 251.978.9779
April 10, 2025
City of Fairhope
Attn: Staff
Re: BOA Special Exception request- Fairhope Church of Christ
Staff,
To our knowledge, places of worship are not allowed in any zoning ordinance. So we are requesting a
Special Exception for this place of worship, Fairhope Church of Chris t, to be allowed in this R-1 zoning.
Please feel free to contact me if you have any questions or need any more information.
Sincerely,
4-10-2025
Christopher Lieb, PE
LIEB ENGINEERING
COMPANY
1290 Main Street Suite E
Daphne, AL 36526
Phone: 251.978.9779
LIEB ENGINEERING
COMPANY
ADMIN .
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From:Jonathan Carrigan
To:planning
Subject:Case BOA 25.08
Date:Wednesday, July 9, 2025 10:17:31 AM
Cindy,
I just wanted to send a quick email to you to let you that I am in full support of
Fairhope granting the Fairhope Church of Christ a Special Exception to use their
property for Church use. I own four of the five neighboring parcels to the south of
their parcel, and hope that my support will help the Board of Adjustments in the
decision to approve their request. Please let me know if you have any questions for
me.
Thanks,
Jonathan
Jonathan Carrigan
Carrigan Properties, LLC
251.776.8767