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HomeMy WebLinkAbout10-20-2025 Board of Adjustments MinutesL October 20, 2025 Board of Adjustments Minutes The Board of Adjustments met Monday, October 20, 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; Ryan Baker; Bryan Flowers; 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: None Chairman Vira called the meeting to order at 5 :00 PM. Chairman Vira amended the agenda to move item B to the end. Approval of Minutes Ryan Baker made a motion to approve the minutes from the July 21, 2025, meeting. Cathy Slagle seconded the motion and the motion carried with the following vote: Aye: Anil Vira, Cathy Slagle, Frank Lamia, Ryan Baker and Donna Cook Nay: None. Election of Officers Cathy Slagle made a motion for Frank Lamia as Vice-Chair. Ryan Baker made a motion for Anil Vira as Chair and Cindy Beaudreau as Secretary. Donna Cook seconded the nominations and the motion carried with the following vote: Aye: Anil Vira, Cathy Slagle, Frank Lamia, Ryan Baker and Donna Cook Nay: None. Approval of 2026 Meeting Schedule Cathy Slagle made a motion to approve the 2026 Meeting Schedule. Ryan Baker seconded the motion and the motion carried with the following vote: Aye: Anil Vira, Cathy Slagle, Frank Lamia, Ryan Baker and Donna Cook Nay: None. BOA 25.10 Public hearing to consider the request of the Applicant, Jorge Torres, on behalf of the Owner, Rajendra Patel, for a Special Exception to display cars for outside sales on property located at 9960 Fairhope A venue. The property is approximately 0.50 acres. PPIN#: 202636 [ October 20, 2025 Board of Adjustments Minutes Michelle Melton, City Planner, presented the request of the Applicant, Jorge Torres, on behalf of the Owner, Rajendra Patel, for a Special Exception to display cars for outside sales on property located at 9960 Fairhope Avenue. Ms. Melton shared the aerial and zoning maps. Staff recommends approval of BOA 25.10, with the following conditions: 1. Coordinate with Planning and City Horticultural staff to bring the subject site into compliance with the City of Fairhope Tree and Landscape Ordinance, as may be necessary. 2. Coordinate with Planning staff to provide confirmation from an Engineer that the existing retention/detention pond can handle all onsite stormwater for the proposed improvements. 3. Revision of the Site Plan to label the parking space located furthest North on the site as a "Compact Car Space". 4. Any vehicles associated with the Outdoor Sales Lot use shall be stored and displayed on the subject site only within the proposed area delineated by the sixteen (16) parking spaces illustrated on the final Site Plan approved by staff. 5. Completion of an Administrative Re-plat to combine the triangular remnant parcel with Lot 2 of Tillman's Comer Subdivision into a single legal lot of record. 6. Provision of a revised final Site Plan addressing all aforementioned conditions prior to issuance of any associated development permits and/or the issuance or renewal of any associated business license . Chairman Vira asked if the lots are combined, can they be divided later. Hunter Simmons stated yes. Ryan Baker asked if this would be a separate business. Ms. Melton stated that it is the same business. Mr. Simmons added that the lots will be viewed as separate. Chairman Vira opened the public hearing at 5:16pm. Having no one present to speak, the public hearing was closed at 5: 16pm. Jorge Torres, Applicant, explained that the cars would be brought to the lot to be detailed and then transferred to the current lot and added that he wants to clean up the lot and expand his business. Donna Cook asked how many parking spaces are for customers. Mr. Torres replied that none of the parking spaces are for customers. Customers will park on the current lot. Motion: Cathy Slagle made a motion to approve BOA 25.10 with staff recommendations. Donna Cook seconded the motion and the motion carried with the following vote. Aye: Anil Vira, Cathy Slagle, Frank Lamia, Ryan Baker and Donna Cook Nay: None 2 I [ October 20, 2025 Board of Adjustments Minutes BOA 25. 13 Public hearing to consider the request of the Owner, FST and Patrick Seals, for a I' 11" side yard setback variance and a 5' 11" structure separation variance on property zoned R- 2 Medium Density Single-Family Residential District. The property is located at 304 Liberty Street and is approximately 0.84 acres. PPIN#: 15169 Hunter Simmons, Planning and Zoning Director, presented the request of the Owner, FST and Patrick Seals, for a I ' 11" side yard setback variance and a 5' 11" structure separation variance on property zoned R-2 Medium Density Single-Family Residential District. Mr. Simmons shared the aerial and zoning maps. Staff recommends approval of BOA 25.13, for the 5'-11" Structure Separation Variance with the following condition : 1. A re-plat that removes historic lot lines is approved and recorded in the Baldwin County Probate. Staff recommends denial of BOA 25.13, for the l '-11" Side Yard Setback Variance. Patrick Seals, Owner, thanked staff for their consideration and stated that he wants to make the house more aesthetic. Chairman Vira opened the public hearing at 5:28pm. Carolyn Boothe, 106 Orange Street, stated that she is against any variances. Don DeGutz, 110 Blakeney A venue, supports the applicant's variance, but asked the purpose of a 10' separation. Mr. Simmons replied it is necessary to meet fire codes and to limit impervious surfaces. The public hearing was closed at 5:35pm. Motion: Ryan Baker made a motion to approve BOA 25.13, for the 5'-11" Structure Separation Variance with staff recommendations and deny BOA 25 .13, for the 1 '-11" Side Yard Setback Variance. Cathy Slagle seconded the motion and the motion carried with the following vote. Aye: Anil Vira, Cathy Slagle, Frank Lamia, Ryan Baker and Donna Cook Nay: None. BOA 25.14 Public hearing to consider the request of the Owner, Chris Pixley, for a Special Exception -to operate a Clinic, d/b/a You Again Medical, on property zoned B-2 -General Business District. The property is approximately l. 78 acres and is located at 19682 Greeno Road. PPIN#: 21517 3 [ October 20, 2025 Board of Adjustments Minutes Mike Jeffries, Development Services Manager, presented the request of the Owner, Chris Pixley, for a Special Exception -to operate a Clinic, d/b/a You Again Medical, on property zoned B-2 - General Business District. Mr. Jeffries shared the aerial and zoning maps. Staff recommends approval of BOA 25.14. Chris Pixley, Owner, stated that he is excited to move to Fairhope and will be providing hormone replacement and weight management services. Chairman Vira opened the public hearing at 5:42pm, having no one to speak, the public hearing was closed at 5:42pm. Cathy Slagle asked if there would be a physician on staff. Mr. Pixley stated yes, and physicians and nurses would refer out to OB/GYNs, when necessary. Motion: Cathy Slagle made a motion to approve BOA 25.14. Frank Lamia seconded the motion and the motion carried with the following vote. Aye: Anil Vira, Cathy Slagle, Frank Lamia, Ryan Baker and Donna Cook Nay: None. BOA 25.12 Public hearing to consider the request of the Applicant, Walcott Adams Verneuille Architects, on behalf of the Owner, Trinity Presbyterian Church, for a Special Exception to allow for a new chapel to be built on property zoned R-2 Medium Density Single-Family Residential District. The property is located at 545 S Mobile Street and is approximately 0.84 acres. PPIN#: 69949 Ryan Baker recused himself due to a conflict and Bryan Flowers replaced him on the dais. Payton Rogers, Planning and Zoning Manager, presented the request of the Applicant, Walcott Adams Verneuille Architects, on behalf of the Owner, Trinity Presbyterian Church, for a Special Exception to allow for a new chapel to be built on property zoned R-2 Medium Density Single­ Family Residential District. Mr. Rogers shared the aerial and zoning maps. Staff recommends approval of BOA 25.12 with the following conditions: 1. Provision of a parking layout plan to Planning Staff illustrating a compliant number of parking spaces for both the Memory Chapel and the existing Fellowship Hall in accordance with Article IV Section E of the Zoning Ordinance, prior to issuance of any associated development permits. 2. Completion of an Administrative Re-plat to combine the subject site with the adjacent Fellowship Hall lot(s), prior to issuance of any associated development permits. 4 I l October 20, 2025 Board of Adjustments Minutes Frank Lamia asked if the required parking plan will take into account the new parking. Mr. Rogers replied that the parking layout plan is only for the Fellowship Hall and Memory Hall. Chairman Vira asked what a memory chapel is. Melissa Nolte, Applicant, stated that a memorial chapel is a meditation chapel and will seat approximately 16 people. Chairman Vira opened the public hearing at 6:03pm. Carolyn Boothe, 106 Orange Street, stated that her property backs up to the church property and is concerned with safety related to people spending the night at the church. She added that parking is a problem during funerals. Judy Oxford, 105 Fig A venue, attended the neighborhood meeting and is concerned with rezoning the property and using every bit of the property. She is also concerned with future parking. Emily Johnson stated that the church property was rezoned in the 1960' s and gave a history of the church property. She is concerned with additional buildings or the property becoming a parking lot in the future. Teresa Adcock, 17 Pecan Avenue, stated that parking is a problem. People are parking in the grassy area, the street and in Gambino's parking lot. She believes that the church property will continue to grow and that the chapel should be on the bay. She is also concerned with the noise. The public hearing was closed at 6: 18pm. Cathy Slagle asked if the doors would be open all the time. Melissa Nolte stated that they will only be open during daylight hours. Ms. Slagle asked how the public would know that it is open. Ms. Nolte stated that it would be part of the branding and public outreach. Lee Verneuille, Architect, stated that the concept is not planned to have weddings or big functions. The intent is to have a prayerful meditative state. Ms. Slagle asked for the dimensions. Ms. Nolte stated that it will be 24' wide by 33' in length. Pastor Matt, 9469 Zelda Street, stated that the new chapel would be a great blessing to the church, they will be good neighbors, and this will be a sacred place. Chairman Vira asked if the neighbors were happy at the neighborhood meeting. Paster Matt stated yes, they were happy but were concerned that the use could be changed in the future. 5 l l October 20, 2025 Board of Adjustments Minutes Motion: Cathy Slagle made a motion to approve BOA 25.12 with staff recommendations. Frank Lamia seconded the motion and the motion carried with the following vote. Aye: Anil Vira, Cathy Slagle, Frank Lamia, Bryan Flowers and Donna Cook Nay: None. Old/New Business None Adiournment Cathy Slagle made a motion to adjourn. The motion carried unanimously with the following vote: Aye: Anil Vira, Cathy Slagle , Frank Lamia, Bryan Flowers and Donna Cook Nay: None. Adjourned at 6:22p.m. ~kV~ ~~la_u_ Anil Vira, Chairman cindyBeaudreau, Secretary 6