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01-22-2026 Board of Adjustments Agenda Packet
Council Chambers, Fairhope Municipal Complex, 161 N Section St For more information, please visit: fairhopeal.gov/departments/planning-and-zoning Sherry Sullivan Mayor Council Members Andrea F. Booth Jack Burrell, ACMO Jimmy Conyers Joshua N. Gammon Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech City Treasurer Fairhope Board of Adjustments Agenda January 22, 2026 – 5:00 PM 1. CALL TO ORDER Anil Vira, Chairman Ryan Baker Frank Lamia, Vice Chairman Donna Cook Bryan Flowers Cindy Beaudreau, Secretary 2. APPROVAL OF MINUTES • December 15, 2025 3. OLD/NEW BUSINESS OLD BUSINESS Revised Board of Adjustments Meeting Schedule NEW BUSINESS A. BOA 26.01 Moved to the February meeting at the Applicant’s request. B. BOA 26.02 Public hearing to consider the request of the Owner, Patricia Schultze, for a 13.6-foot Rear Yard Setback Variance on property zoned R- 2, Medium Density Single-Family Residential District. The property is located at 375 Ridgewood Circle and is 0.31± acres. PPIN#: 24357 4. ADJOURN December 15, 2025 Board of Adjustments Minutes The Board of Adjustments met Monday, December 15, 2025, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Anil Vira, Chair; Frank Lamia, Vice-Chair; Bryan Flowers; Ryan Baker; Cathy Slagle; Payton Rogers, Planning and Zoning Manager and Cindy Beaudreau, Planning Clerk. Absent: Donna Cook Chairman Vira called the meeting to order at 5:00 PM. Approval of Minutes Frank Lamia made a motion to approve the minutes from the December 17, 2025, meeting. Bryan Flowers seconded the motion and the motion carried with the following vote: Aye: Anil Vira, Frank Lamia, Bryan Flowers, Ryan Baker and Cathy Slagle Nay: None. New Business BOA 25.17 Public hearing to consider the request of the Owner, Jennifer Starling for a Special Exception - to allow for a clinic on property zoned B-2 – General Business District. The property is located at 311 Magnolia Avenue, Suite 109. The property is approximately 0.38 acres. PPIN#: 15161 Payton Rogers, Planning and Zoning Manager, presented the request of the Owner, Jennifer Starling for a Special Exception - to allow for a clinic on property zoned B-2 – General Business District. The property is located at 311 Magnolia Avenue, Suite 109. The property is approximately 0.38 acres. Mr. Rogers shared the aerial and zoning maps. Staff recommends approval of BOA 25.17. Jennifer Starling, Owner, 11360 Deborah Steele Lane, shared that she is an individual therapist. She will be working by herself but hopes to grow her business. Chairman Vira opened the public hearing at 5:05pm. Having no one present to speak, the public hearing was closed at 5:05pm. Motion: Ryan Baker made a motion to approve BOA 25.17. Frank Lamia seconded the motion and the motion carried with the following vote. Aye: Anil Vira, Frank Lamia, Bryan Flowers, Ryan Baker and Cathy Slagle Nay: None. December 15, 2025 Board of Adjustments Minutes Old Business None Adjournment Ryan Baker made a motion to adjourn. The motion carried unanimously with the following vote: Aye: Anil Vira, Frank Lamia, Bryan Flowers, Ryan Baker and Cathy Slagle Nay: None. Adjourned at 5:07p.m. ____________________________ ________________________ Anil Vira, Chairman Cindy Beaudreau, Secretary BOARD OF ADJUSTMENTS AND APPEALS DEADLINES 2026 AGENDA IS SUBJECT TO CHANGE BY THE BOARD Meeting Date, 5:00 PM Submittal Deadline, 3:00 PM Thursday, January 22, 2026 *Moved due to MLK Holiday Monday, December 8, 2025 Monday, February 23, 2026 *Moved due to Mardi Gras Parade Monday, January 12, 2026 Monday, March 16, 2026 Monday, February 9, 2026 Monday, April 20, 2026 Monday, March 9, 2026 Monday, May 18, 2026 Monday, April 13, 2026 Monday, June 15, 2026 Monday, May 11, 2026 Monday, July 20, 2026 Monday, June 8, 2026 Monday, August 17, 2026 Monday, July 13, 2026 Monday, September 21, 2026 Monday, August 10, 2026 Monday, October 19, 2026 Monday, September 14, 2026 Monday, November 16, 2026 Monday, October 5, 2026 Monday, December 21, 2026 Monday, November 9, 2026 Thursday, January 21, 2027 *Moved due to MLK Holiday Monday, December 7, 2026 BOARD OF ADJUSTMENTS AND APPEALS MEETINGS ARE HELD IN THE COUNCIL CHAMBERS, FAIRHOPE MUNICIPAL COMPLEX AT 161 N. SECTION STREET. IT IS THE RESPONSIBILITY OF THE APPLICANT TO SEE THAT ALL SUBMITTALS ARE MADE IN A COMPLETE AND TIMELY SEQUENCE, AND TO HAVE THE CASE PRESENTED BEFORE THE BOARD AT SCHEDULED MEETINGS. **INCOMPLETE SUBMITTALS WILL NOT BE PLACED ON THE AGENDA.** Payton Rogers Denial City of Fairhope Board of Adjustments January 22, 2026 BOA 26.01 -11 Greenbrier Lane Zoning: C]R-1 ~ C]R-2 Proiect Name: 11 Greenbrier Lane Site Data: 0.38 acres Proiect Ty_e.e: 10 foot setback variance Jurisdiction : Fairhope Planning Jurisdiction Zoning_ District: R-1 Low Density Single-Family District PPIN Number: 113535 General location: End of cul -de-sac of Greenbrier Lane Survey_or ot Record: N/A Engineer ot Record: N/A Owner L Develoe.er: Karen Rice School District: Fairhope Elementary School Fairhope Middle and High Schoo ls Recommendation: Pre~ared b~: N . W E * s OR<>HARD ·DR w ~ '----'---I ~i------1 :2i "' "' w ::, ... 0:, N ~ WW E BOA 26.01 – 11 Greenbrier Lane January 22, 2026 Page 1 of 7 SUMMARY OF REQUEST Public hearing to consider the request of the Owner, Karen Rice, for a 10-foot Front Yard Setback Variance on property zoned R-1, Low Density Single-Family Residential District. The property is located at 11 Greenbrier Lane and is 0.38± acres. SITE HISTORY There have been no other Board of Adjustments applications associated with this site. STAFF COMMENTS The applicant is requesting a 10-foot Front Yard Setback Variance to allow construction of a single -family dwelling to be within the required 40-foot front yard setback. The Zoning Ordinance requires all structures to be a minimum of 40 feet from the front property line in an R-1, Low Density Single-Family Residential District. The subject site is Lot 9 within Greenbrier Subdivision Unit 2 and is currently one (1) of only three (3) undeveloped lots within the subdivision. Greenbrier Subdivision was approved by the Planning Commission and recorded in Baldwin County Probate Court in 1993 (see exhibits). The 1993 plat did not illustrate any revised setbacks, and as such, setbacks for all properties are determined by the underlying zoning district as required by the current Zoning Ordinance. Article III.C.1. Table 3-2 of the Zoning Ordinance details setback requirements for R-1 districts as follows: Dimension, District or Use Zoning District Front Setback Rear Setback Side Setback R-1 40’ 35’ 10’ b b. Where a driveway is in the side, and extends past the front of the principle structure, the side setback shall be 15’. Driveways shall not be within 3 feet of the side lot line. The area between the side lot line and driveway shall be vegetated and remain pervious. It’s important to note that various easements are recorded on the 1993 plat for the subject site (see exhibits). The site contains a 7.5-foot drainage easement along the northern property line, a 20-foot drainage easement crossing the southeast corner of the lot diagonally, and a 10 -foot utility easement along the front lot line abutting Greenbrier Lane. In addition to the aforementioned easements, there is another drainage easement bisecting the subject site across the middle of the lot ranging in size from 20-feet wide at its smallest up to 35- feet wide at its largest. Just North of this easement on the subject site is a large gully approximately 50-feet wide and 15-feet deep (see exhibits). The applicant is proposing to construct a 2,900± square foot single-family dwelling on the property located on the area northwest of the gulley. As proposed, the dwelling would encroach approximately 10 feet inside the required 40-foot front yard setback. The applicant’s full narrative can be found within the application package attached to this report. However, the applicant provided the following as justification for their request within the attached narrative: “The existing gulley on Lot 9 Greenbrier Subdivision creates a hardship to abide by the required 40 -foot [setback].” --- BOA 26.01 – 11 Greenbrier Lane January 22, 2026 Page 2 of 7 Staff acknowledges that the lot has physical elements which make construction within the required setbacks challenging. However, the lot is buildable as it is. A different footprint could potentially allow construction within the required setbacks while maintaining compliance with Zoning standards. The information provided with this application leaves staff undetermined on whether a Variance is warranted. However, it should be noted that similar Variance requests have been approved in the area. At its meeting on April 17, 2006 the Board of Adjustment approved a 15-foot Front Yard Setback Variance request (ZBA 06-06) for property directly abutting the subject site to the East located at 95 Blue Island Avenue (Lot 1 of Greenbrier Subdivision Unit 1). Similarly to the subject site, 95 Blue Island is zoned R -1 requiring a 40-foot front yard setback. A portion of the same gully that bisects the subject site of this applica tion extends across 95 Blue Island, hence the 2006 variance request. The Board approved the 2006 request allowing a 25 -foot front yard setback for construction of a single -family dwelling. The meeting minutes and Notice of Action for ZBA 06-06 can be viewed attached to this report. It is worth noting that out of the nineteen (19) Lots within Greenbrier Subdivision only two (2) are affected by the existing gulleys in such a way that development of said lots may benefit from setback relief. The subject site is one (1) and the other is 95 Blue Island Avenue. All other lots within the neighborhood do not appear to have any topographical challenges such that may necessitate a Variance. Citizen Comments During the public comment period Staff received comments from two (2) individuals who were not in support of the Variance request. The citizens’ primary concerns appear to be regarding the potential for the proposed dwelling to not conform with the Greenbrier Homeowners Association (HOA) Covenants & Restrictions. Stating that the applicant has not yet received approval for any plans from said HOA. It should be noted, however, that the covenants for Greenbrier Subdivision , recorded in Baldwin County Probate Court in 1990 (Document Number 1990-108644) do not include setback standards nor does the 1993 plat. Additionally, the City of Fairhope Board of Adjustments does not consider individual subdivision covenants & estrictions when making Variance determinations. The applicant will need to address any concerns the HOA may have with that body prior to submittal of a building permit application. The aforementioned public comments can be found in their entirety within the application package attached to this report. BOA 26.01 – 11 Greenbrier Lane January 22, 2026 Page 3 of 7 VARIANCE CONSIDERATIONS Standards of Review: Variances are not intended to be granted frequently. The applicant must clearly show the Board that the request is due to very unusual characteristics of the property and that it satisfies the variance standards. What constitutes extraordinary and exceptional conditions and unnecessary hardship is a matter to be determined from the facts and circumstances of each application. Article II Section C.3.e(1) of the City of Fairhope Zoning Ordinance states that the Board of Adjustments may grant a Variance if: (a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography ; (b) The application of the ordinance to this particular piece of property would create an unnecessary hardship. Personal financial hardship is not a justification for a variance ; (c) Such conditions are peculiar to the particular piece of property involved; and (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. CONCLUSION AND RECOMMENDATION The Applicant has provided evidence of extraordinary and/or exceptional conditions which may create unnecessary hardship on the land such that a Variance may be necessary for the reasonable use of the property. However, applying the standard requirements of the Zoning Ordinance to the subject site would not create unnecessary hardships as the site can be developed as is without the need for a Variance. As illustrated by the attached Topography Map for Greenbrier Subdivision the topographical challenges presented by this application are peculiar to this and two (2) other properties within the subdivision. If approved, the Variance request would not appear to cause substantial detriment to the public good as it would allow development on a scale similar to what has already been constructed within the neighborhood. Additionally, it’s important to note that the proposed Variance is in keeping with past variance approvals made by this Board on other properties located within Greenbrier Subdivision. As it relates to Variance requests, Staff is limited in their scope for consideration with regard to a staff recommendation and must adhere to what the Zoning Ordinance does and/or does not allow. While staff acknowledges that the lot has physical elements which make construction within the required setbacks challenging the lot is buildable as is if the applicant were to utilize a different building footprint. Recommendation: Based on the preceding, Staff recommends DENIAL of BOA 26.01 – 11 Greenbrier Lane Variance request for a 10-foot Front Yard Setback Variance. EXHIBITS BOA 26.01 – 11 Greenbrier Lane January 22, 2026 Page 4 of 7 Proposed Site Plan EXHIBITS BOA 26.01 – 11 Greenbrier Lane January 22, 2026 Page 5 of 7 1993 Greenbrier Subdivision Recorded Plat I 1.5 ' ~ I 0 VI ·., I I @ I I @ I __ __,. ~· B'I • 53" !;S"-~ lo5' 10s · ·o @ >l ® ~ .:r C> l 0 <i f- "''.I .., ., -0 -0 ,f) ~ zoo. G-!'>Z ."JC.. 10:5' -~ 'I @) . ~ "~ !) 0 oil I 1~• ·-o ~ @ II) .. . <t <l 0 '.!! "Z -I ) 0 z ' ·J <d'l EXHIBITS BOA 26.01 – 11 Greenbrier Lane January 22, 2026 Page 6 of 7 Existing Gulley i ..---:-:;--:~,~< I \--"=J-,=-:'~--_..,--• ll!,•(5•~-. ~Trr C 201.~o• EXHIBITS BOA 26.01 – 11 Greenbrier Lane January 22, 2026 Page 7 of 7 Greenbrier Subdivision Topography Map Page 4 of 6 APPLICATION FOR BOARD OF ADJUSTMENTS Application Type: D Administrative Appeal D Special Exception D Variance Property Owner / Leaseholder Information Nrune: \~Q~~jc.,,e.,~----Phone Numbl,5 2o5-90 I-3':133 StreetAddress: JJ Gr,e.eobrie.r CL.otC\ City: FC\• v' State: AL Zip: :3C,p5 32. Applicant / Agent Information If different from above. Notarized letter from property owner is required if an agent. is used for representation. Nrune: Phone Number: Street Address: City: State: Zip: Site Plan with Existing Conditions Attached: Site Plan with Proposed Conditions Attached: ~ NO NO s Variance Request Information Complete: Q'Es) NO Names and Address of all Real Property Owners within 300 Feet of Above Described Property Attached: w NO Applications for Administrative Appeal or Special Exception: Please attach as a separate sheet(s) information regarding the administrative decision made or information regarding the use seeking approval. Please feel free to be as specific or as general as you wish in your description. This information will be provided to the Board before the actual meeting date . It is to your benefit to explain as much as possible your position or proposal. I certify that I am the property owner /leaseholder of the above described property and hereby submit this application to the City for review . *If property is owned by Fairhope Single Tax Corp. an authorized Single Tax representative shall sign this application . t~ Q 102-\f\ 'J\ iC-e d\'G.L~(C,_; Property Owner/Leaseholder Printed Name Signature Date Fairhope Single Tax Corp. (If Applicable) I am requesting a 15-foot Front Yard Setback Variance to allow a 25-foot front yard setback to construct my home. If a 15-foot Variance cannot be approved, I would be amenable to a 10-foot Variance. Please see my attached detailed narrative for more information. VARIANCE REQUEST INFORMATION What characteristics of the property prevent / preclude its development?: D Elevation D Slope □ Soil D Subsurface Page 5 of6 D Too Narrow D Too Small D Too Shallow D Shape [ZJ Other (specify) 9u I l y What type of variance are you requesting (be as specific as possible)? Hatdship (taken from Code of Alabama 1975 Section 11-52-80): "To authorize upon appeal in specific cases such variance from the terms of the (zoning) ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provision of the (zoning) ordinance will result in unnecessary hardship and so that the spirit of the (zoning) ordinance shall be observed and substantial justice done." BOA Fee Calculation: Residential Commercial Filing Fee: $100 $500 Publication: $20 $20 TOTAL: $ 1'20 I certify that I am the property owner /leaseholder of the above described property and hereby submit this application to the City for review. *If property is owned by Fairhope Single Tax Corp . an authorized .single Tax representative shall ~~n~, (L,a.r..e.n~,c,e, ~ ...... ~c:,,,,o::::;.-~· ~ .. ___... Property Owner/ Leaseholder Printed Name Signature , o /20 [z5" Date Fairhope Single Tax Corp. (If Applicable) November 12, 2025 Board of Zoning Adjustments, Thank you for the opportunity to apply for request of 25-30 foot easement in Greenbrier Subdivision. The existing gully on Lot 9 in Greenbrier Subdivision creates a hardship to abide by the required 40 foot easement. Payton Rogers has been very helpful. After sharing site plan, Payton informed me the roof shows a 2'11" overhang, exceeding The Zoning Ordinance of maximum of 2' overhang. The roof will not exceed a 2' overhang. Payton also pointed out The Zoning Ordinance requires 3 feet of landscape between my lot and my neighbor north of my lot. My realtor informed me the 3 mature trees next to my neighbor's driveway are on my Lot 9 (photo included). I will add 3 feet of required additional landscaping between my driveway and my neighbor's driveway. Lastly, Payton pointed out 3' of landscape leaves only 9.5' width for a driveway. The site plan shows a 30' easement. I can make adjustments needed for landscaping and driveway issues with a 30' easement. A 25' easement would comfortably solve my issues with landscape and driveway. The realtor and I measured 22' from curb to back of north side of house plan (70'). Twenty-two feet from north side of curb lined up with the front of my neighbor's porch (see photo). Due to the curve in cul-de-sac, 22' on Lot 9 gives the illusion of required 40' easement. I hope a 25'-30' easement will be approved. I love all the trees in Greenbrier Subdivision and the City of Fairhope! I plan to remove as few trees as possible around my home. None of the trees on the south side of the gully will be removed. I will add beautiful hedges and shrubs north and east for privacy. If approved, I will build a 2,228+ square foot Cottage/Tudor/European style home. My home will be primarily brick with stone and stucco accents. I have included photo examples in this packet. If needed, I will provide more detailed design photos upon approval for 25-30 foot easement. Thank you for your consideration on easement exception, Karen Rice 205-901-3433 getkarenrice@gmail.com DESCRIPTION ).(11 9. t..r.t 2 ofGl?c,br.cr SuMi,..j,:on, B•ldw,n Counly. Alo1~a, .;is per it~ plat rccordal on siidc I i9'1-ll in the of.ice of 1he Judge of ?robu:c of .Baldwin Cot:nry, Altihrur..a SURVE:VOl!'S NOTES: I .'\U MU:w!~ ,\,;:(' 1 1ul.:: .n ~JJa.-.c 1.1,l1J, ...... ~ \.l.:i.•..J.u.h o~..:ni)Ua:11:. .. ."wr.L:J-.:cl br Cl.\:111. 1 :ti .. -,~rnuJb..·~u:-I.M'lr'\O)ldaJ!.)CV1.\:;.~~ ll l.l1t"i"t•Vlin,'S. ur ~-r tn."".IV'll:ni:; OU.I e41u.ld '-"'-"Cl lhC' lje.t.."ld.:cn~Ws.udpi,,~ 4 l'lMJ'\:\lcJNa11.ll:..r.,,:llo&.i..,~uuu,.·~\."\c:~.l.c•;.;1h::r . .. , -ll."'!11~!·.,\'.;u~-....:ri,('CICA:~~)1Jl.:~u~-..:.c11::", J1,1.!Ju~i::e 5 Bc...llt."11)', &1-.1 l.>,,L-,.-ir.u. ,1.~11 h~-n:cu ,\c-,c; .. Coi~.itu.! h 1,1 ~c:.:.J t;.!:Jl:.:rn:t-."!i 6 ,• C t~) 0: U..-l/U~\ rl)f t/U,.<4 S,J,."'-""-') IQ; w(l....-n!t~ 1 '). ·" 11 r:nt k.ic.:11,.-.i.:1\ J!11,1.1~u:n..'f1WJ .. ,c:,.,,:~ Sllc!110 t,, .. r 11 ; \:sr.tl~lc-\1.=tl,::;lb, .. 1.c 8 N" ...;.i...•;n.., ;.v., o: Ua: r~i.!.:nc.; w,.: c,,.•0,11: 1!:.isi0l.lwi.s l..l,J ~ :JCI ll, L, 1.1..-.«I 'c-· :.ie1~111l~; ,qu.U'l.: loot.~ uf rl.-.)J J..:a:.: ') r 1 vr•,X1:>J1.i,,11h..,.,,>./'I:.~ -. --------- '!J r::: TO?O,;!v\?l!IC SU!l.\'EY !'OH R!Cl!AR!) D,\i\TORD C::rcc·1!•r:•:r t.::.r.: f::ir.l:o~t: .-\1;:b;.m., ,I Timothy M. Kant, C.M.O. Mayor Geniece W. Johnson, C.M.C. City Clerk • Treasurer Council Members Cecil Christenbeny Michael A. Ford, A.C.M.O. Robert C. Gentle, C.M.O. Debbie W. Quinn, A.C.M.O. Daniel R. Stankoski 161 North Section Street P.O. Drawer 429 Fairhope, Alabama 36533 251-928-2136 251-928-6776 Fax www.cofairhope.com P.ritJted on rrY')'cled paper Mr. Roland & Miriam Neeson PO Box 1633 Orange Beach, AL 36561 Dear Mr. & Mrs. Neeson April 18, 2006 The Fairhope Board of Adjustments and Appeals heard case ZBA 06-06 at 5:00 PM Monday April 17, 2006 in Council Chambers located in the Municipal Complex at 161 N. Section Street. • Case ZBA 06-~ regarded your property located at 95 Blue Island. The application requested a 25' front yard set back. The Fairhope Board of Adjustments and Appeals approved this request unanimously. Please contact us with any questions or concerns. Barry Fulford Building Official \ ZBA 06-05 Public Hearing to Consider the Request of Ms. Baldwin to allow a carport at 308 Patlynn 1) closer to the primary structure than 10' and 2) fonvard of the rear of the house. Ms. Baldwin came forward and explained that she would like to put a carport with a storage area in back over an existing driveway. Chaimrnn Bassett opened the public hearing. Ms. Nel Hamrick of 310 Patlynn came forward in support of Ms. Baldwin. No other public speakers were present so Chairman Bassett closed the public hearing. Chairman Bassett asked for the staff interpretation. Barry Fulford explained: The City of Fairhope Zoning Ordinance adopted 06/27/05, Article 111, Table 3-3 has the setbacks for accessory structures for "all other residential districts" which would include the R-2 zoning of this property as: • Front: behind rear building line of principle structure • Minimum structure separation from principle structure: 1 O' The previous City of Fairhope Zoning Ordinance, September 1992 Codification, 5.142 on Accessory Buildings: • • • 7.6152 "A detached accessory building shall not be closer than 1 O' to the main building, nor closer than 5' to the lot line. 7.1654 "No detached accessory building shall be located within the minimum exterior front yard of a lot." 7.6155 "An open carport may be constructed over an existing driveway not nearer than 5' to property line and need not provide the 1 O' separation required by Section 7.6152; provided, however, that a carport permitted under this section shall not in the future be enclosed or converted to any other use." After some discussion the board agreed to define a carport as a structure open on 3 sides (allowing for a storage or closure on one side). The Board did not want to change the zoning ordinance (back to 1992 version), but would rule on this specific case. Chai1man Bassett said he would entertain a motion. Louise Agee made a motion to allow for the carport as described, over existing driveway (7' off house, 5' off side property line, not fo1ward of the front of the house) with storage area along one side, remaining open on 3 sides. Bob Mannich seconded the motion. It was carried unanimously, Chairman Bassett abstained. ZBA 06-06 Public Hearing to Consider the Request of Mr. Moore on behalf of Ronald & Miriam Neeson to allow a 25' front set back at 95 Blue Island. The property is zoned R-1. R-1 requires a 40' set back. This would result in a 15' variance. Mr. Neeson came forward and explained the house plans that they have chosen along with the topography of the north west portion of the lot would allow a maximum front set back of 25'. Chairman Bassett opened the public hearing no speakers were present. The public hearing was closed. The staff acknowledges that the lot has physical elements that make construction within the required setbacks challenging. However, the lot is build-able as it is. A different footprint would allow construction within the required setbacks. There maybe work that could be done to the lot to somewhat lessen the topographical challenges. The gully is not indicated on the FEMA flood maps. It would take additional information to determine if and to what extent the gully could be filled. The information provided leaves the staff undetermined on weather the variance is warranted. In the discussion of the Board with Mr. Neeson, Mr, Neeson indicated that it is his intent to landscape fill the gully in the rear. He said the design would be done in such a way to not increase the flow or velocity of the drainage. Mr. Neeson asked for some infomiation regarding hydroseeding. Barry Fulford indicated that he would get that infonnation together. Chainnan Bassett said he would entertain a motion. Bob Mannich made a motion to allow a 25' front setback. Louis Agee seconded the motion. It was carried unanimously, Chainnan Bassett abstained. Old/New Business There was no old or new business to discuss. A motion to adjourn was made by Ray Clark. A second followed by Cathy Slagel. All approved. The meeting was adjourned at 5:50 PM. Minutes are prelinzinary until reviewed an approved by the Board of Adjustnzents. The Board will have the opportunity to review the 1ninutes at the next meeting scheduled for May 15, 2006. Minutes were reviewed at the May 15, 2006 meeting. Ray Clark made a motion to accept the minutes, with noted corrections. Louis Agee seconded the motion. The Board of Adjustments approved unanimously. From:jharshberg@aol.com To:planning Cc:Jerald Harshberger Subject:11 Greenbrier Lane 10 foot setback variance Date:Wednesday, January 7, 2026 9:24:27 AM January 7, 2026 Cindy Beaudreau Thank you for our conversation January 6, 2026. I would like to ask a few questions regarding 11 Greenbrier Ln. and the template setback variance to the board of adjustment members. 1. Why is this 10 foot variance being considered? Why not 20 ft. or 30 ft. ? 2. Are the board members aware of the size and the depth of the gulley within the property? 3. Are there going to be pictures or drawings of this construction situation? 4. Are the board members aware of Greenbrier homeowners Association building covenants and guidelines? 5. Are there any timelines set for decisions and/or follow-up meetings? I am not in favor of this request of a 10 foot setback for the property at 11 Greenbrier Ln. Respectfully yours Jerald Harshberger, owner of Lot 9 Greenbrier Ln. Fairhope Alabama 251 753 1373 jharshberger@aol.com [I ] From:LEROY SLOAN To:planning Cc:Leroy Sloan; Jerry Harshberger Subject:Re: Lot 9, 11 Greenbrier Ln. 10" Setback Variance Date:Wednesday, January 7, 2026 2:21:13 PM January 7, 2025 To: Cindy Beaudreau, Planning Clerk, Planning & Zoning Department, City of Fairhope From: Leroy Sloan 20 Greenbrier Ln (Lot 10) Fairhope, AL 205-410-7748 Cindy, as per your letter pertaining to the referenced variance request, please accept this a my comments/questions to be considered by the Board of Adjustment Members. 1. This lot has a very large gully, (30-40 ft. wide/12-16 ft. deep), which completely bisects this lot and effectively divides it into two distinct sections with a small front section and a large back section. I do not believe the front section is large enough to support a structure of any type or design that would fit or blend into the building style of the existing houses in the neighborhood nor meet the requirements of the Greenbrier HOA Covenants. 2. The lot owner needs to be aware of the requirements of our covenants and submit plans for approval prior to the start of construction. This has not been done to date. 3. What is the stated purpose/requirement for the setback variance? 4. In my opinion, the best solution for the lot owner would be to use the front section of the lot as a manicured vegetation area and build a bridge across the gully for access to the back portion of the lot where there is enough room to build a house that would meet all requirements and blend in with the neighborhood. Thank you for your attention to this matter. Leroy Sloan Michelle Melton Denied City of Fairhope Board of Adjustments January 22, 2026 BOA 26.02 -375 Ridgewood Circle Project Name: 375 Ridgewood Circle Site Data: 0.31 acres Project Ty_e_e: 13.6 foot setback variance Jurisdiction: Fairhope Planning Jurisdiction Zoning_ District: R-2 Medium Density Single-Family Residential District PPIN Number: 24357 General Location: Fruit and Nut district Survey_or ot Record: N/A Engineer ot Record: N/A Owner L Develoe_er: Patricia Schultze School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Pre[!ared b~: N * . W E s N ~ WW E BOA 26.02 – 375 Ridgewood Circle January 22, 2026 Page 1 of 8 SUMMARY OF REQUEST Public hearing to consider the request of the Owner, Patricia Schultze, for a 13.6-foot Rear Yard Setback Variance on property zoned R-2, Medium Density Single-Family Residential District. The property is located at 375 Ridgewood Circle and is 0.31± acres. SITE HISTORY There have been no prior Board of Adjustments applications associated with this site. STAFF COMMENTS The subject site is included in the Ridgeland Estates Subdivision as Lot 7 (and the western 10’ of Lot 12). The plat for which was recorded in Baldwin County Probate on Slide 391-A in 1960 (see exhibits). Ridgeland Estates was established prior to the adoption of the current Zoning Ordinance, and the 1960 recorded plat does not provide any minimum building setbacks. As such, current setback requirements as detailed in Table 3-2 of the Zoning Ordinance shall apply. Table 3-2: Dimension Table - Lots and Principle Structure Dimension, District or Use Zoning District Min. Lot Area / Allowed Units Per Acre (UPA) Min. Lot Width Front Setback Rear Setback Side Setback Street Side Setback Max. Total Lot Coverage by All Structures Max. Height R/A 3 acres/ - 198’ 75’ 75’ 25’ 50’ none 30’ R-1 15,000 s.f./ - 100’ 40’ 35’ 10’ b 20’ 40% 30’ a R-1a 40,000 s.f./ - 120’ 30’ 30’ 10’ b 20’ 25% 35’ R-1b 30,000 s.f./ - 100’ 30’ 30’ 10’ b 20’ 25% 35’ R-1c 20,000 s.f./ - 80’ 30’ 30’ 10’ b 20’ 25% 35’ R-2 10,500 s.f./ - 75’ 35’ 35’ 10’ b 20’ 37% 30’ a The subject site has an existing concrete deck attached to the rear of the primary dwelling. The primary dwelling is a legal non-conforming structure “as is” due to the rear of the structure extending 16.3 feet into the 35-foot required rear yard setback line. The Applicant wishes to renovate the existing deck to include a roof for the structure to convert it into a sunroom. As a result, once completed the sunroom will extend 13.6 feet into the 35-foot rear yard setback line. Additionally, it should be noted that at some point in time the rear yard of the subject site was extended 10’ beyond the original platted lot. The legal description includes “and W 10’ of Lot 12”. The historical lot line can be seen in the exhibits. The City of Fairhope Zoning Ordinance does not impose setback restrictions on uncovered decks and as such they are permitted to be located within a rear yard setback. However, if the existing deck were to be covered and enclosed, as proposed, the deck would then be considered as part of the primary dwelling, and as such, subject to compliance with the required 35-foot rear yard setback. Hence this application. As previously stated, the primary dwelling located on the subject site is a legal non-conforming structure. Article VII of the Zoning Ordinance details the following with regards to Non-conforming Structures: BOA 26.02 – 375 Ridgewood Circle January 22, 2026 Page 2 of 8 Non-conforming Structures Structures that were legally constructed prior to the adoption of this ordinance, but which could not be constructed under the terms of this ordinance are considered legal non -conforming structures. A legal non- conforming structure may continue to exist subject to the following: 1. Non-conforming structures, or those parts of a structure that are non -conforming may not be expanded either horizontally, or vertically. Alteration and expansions shall conform to all current regulations. 2. The structure shall remain legal in all other regards except for the non -conformance that existed upon adoption of the ordinance that made the structure non-conforming. As proposed, the sunroom addition is expanding the legal non-conforming structure both vertically and horizontally, which is a direct violation of Article VII.B.1 of the Zoning Ordinance. It should be noted that similar Variance requests have been denied on other properties within the area. In 2017 373 Ridgewood Circle (BOA 17.03) requested two (2) Variances: 4’-8” on the left side for a porch extension and 4’-11” on the right side for a garage extension. Both variances were denied by the Board for not meeting the below variance review criteria. It should be noted that all the lots in Ridgewood Estates are uniform in shape and size with the only site condition that may vary lot to lot being slight topographic changes. However, BOA 17.03 nor does this application mention any topographic challenges in the Variance request. It should be noted that Article II Section C.3.e of the Zoning Ordinance lays out the standards for reviewing Variance requests for approval. One of the primary considerations among this criterion is the presence of an unnecessary hardship on the property which precludes the reasonable use of the land. The Applicant’s narrative did not provide any information regarding an unnecessary hardship within their application. During the public comment period Staff received multiple citizen comments in support of the requested variance. BOA 26.02 – 375 Ridgewood Circle January 22, 2026 Page 3 of 8 VARIANCE CONSIDERATIONS Standards of Review: Variances are not intended to be granted frequently. The applicant must clearly show the Board that the request is due to very unusual characteristics of the property and that it satisfies the variance standards. What constitutes extraordinary and exceptional conditions and unnecessary hardship is a matter to be determined from the facts and circumstances of each application. Article II Section C.3.e(1) of the City of Fairhope Zoning Ordinance states that the Board of Adjustments may grant a Variance if: (a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography ; (b) The application of the ordinance to this particular piece of property would create an unnecessary hardship. Personal financial hardship is not a justification for a variance ; (c) Such conditions are peculiar to the particular piece of property involved; and (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. CONCLUSION AND RECOMMENDATION The Applicant has not provided sufficient evidence of any extraordinary and/or exceptional conditions which may create unnecessary hardship on the land such that a Variance would be necessary for the reasonable use of the property. Moreover, the existing structure is a legal non-conforming structure that cannot be expanded horizontally or vertically per Article VII of the Zoning Ordinance. Recommendation: Staff recommends DENIAL of BOA 26.02 for a 13.6-foot Rear Yard Setback Variance. EXHIBITS BOA 26.02 – 375 Ridgewood Circle January 22, 2026 Page 4 of 8 S 391-A Ridgewood Estates (circa 1960) Aerial from Baldwin County Parcel Viewer with historical lot line (last visited January 2, 2026). ·--· J Y)' ) ~-~ . lj ~,· '~~ ir '•' ' \ .. ' ~ 1 SUB .. ' 1, / ,so ~~ 4 :, '' ,,.,,. / .5 2 .. " / ,,., lo 0 I - ·, ' ,, : ~IRJ::'MAN'.5 s~ ✓/S //.S 0 //5 ~~ 9 /0 ~ ~-✓ ~1 ,, n.s ~ 'v . I) 6 // /0.5 .! 7 . a /2 ,,_r~ , ,: l1t-c,. •• < I Subject Site 11 .0 1 2 a ' ' , / .-_ .. ~ 0 Dashed line represents historical lot line LANE ---. //I /7 " 1 8 ,, /6 /(f..4,. EXHIBITS BOA 26.02 – 375 Ridgewood Circle January 22, 2026 Page 5 of 8 Existing Conditions EXHIBITS BOA 26.02 – 375 Ridgewood Circle January 22, 2026 Page 6 of 8 Existing Conditions Continued EXISTING FRONT ELEVATION __,.....,..., ..... EXHIBITS BOA 26.02 – 375 Ridgewood Circle January 22, 2026 Page 7 of 8 Proposed Conditions w 2 ::::i ~ a: w 0. 0 c:: 11. F,.. $ ... 35.00' PROPERTY LINE • <'? (C) T"" T"" EXISTING HOME 17'-0" 100.00' PROPERTY LINE f2)SITE Pl.AN WITH NEW ADDITION \..VtctU,,.._r.,. I I l w I ~ I ~ I ~ I ~ I rJJ 10 , ... I 35' SETBACK LINE w z ::i ~ w 0. ~ 0.. 8 Iii ... ... EXHIBITS BOA 26.02 – 375 Ridgewood Circle January 22, 2026 Page 8 of 8 Proposed Conditions Continued I. I \ I " I >-ti I I I I • ...... W"""'--------.L.~---~---~.._------ -.... ------------·--------------- lm1'NloGmTO......,_NOWOIIII -,aw1oWDV,._. ______ ++--i-=;: --1----"'m-.to---..o-- 0Nfffl SIDE ELEVATION ~ tw•l' ... Page4or6 APPLICATION FOR BOARD OF ADJUSTMENTS Application Type: D Administrative Appeal 0 Special Exception ;;( Variance -5 I pplicant / Agent Information If differen t from above . Notarized letter from property owner is required if an agent is used for representation . Name: ___________ Phone Number: Street Address: City: __________ State: Zip: Site Plan with Existing Conditions Attached: ~ NO Site Plan with Proposed Conditions Attached: Variance Request Information Complete: ~ NO NO Names and Address of all Real Property Owners within 300 Feet of Above Described Property Attached: @ NO Applications for Administrative Appeal or Special Exception: Please attach as a separate sheet(s) infonnation regarding the administrative decision made or information regarding the use seeking approval. Please feel free to be as specific or as general as you wish in your description . This infonnation will be provided to the Board before the actual meeting date. It is to your benefit to explain as much as possible your position or proposal. I certify that I am the property owner/leaseholder of the above described property and hereby submit this application to the City for review. *If property is o d by Fairhope Single Tax Corp. an authorized Single Tax representative shall si this p • cation. 'u,v \c\±P"-~r\C.\c:._ Sc..'nu \t2.t ~l,,b.......AIJl~----lJ:l~~::JA- Property Owner /Leaseholder Printed Name Signature , \ / \ q / ao;;. 5 Date ( Fairhope Single Tax Corp. (If Applicable) VARIANCE REQUEST INFORMATION What characteristics of the property prevent / preclude its development?: D Too Narrow D Too Small D Too Shallow D Elevation D Slope D Shape □ Soil D Subsurface ~er (specify) Page 5 of6 Describe the indicated conditions: A eoc t I O O o:f :\:he 5 tr: Uc,,ttJre., ~\ls o v:t s ,4.< o.(. ±hr ~s 5:a::t: s~"'" bN:1' • How do the above indicated characteristics preclude reasonable use of your land? ::::t b,!. e ~LS~ 1 n.5 R:oot ~ r uv\-\ S OD+ Ch9-n~, ":> o.,od., ,..:u l\ C'\O:t: :e,Kc.trc;l c1Pcr::,n+ roof\,ae, What type of variance are you requesting (be as specific as possible)? ~h~M'rzr~~:5i~a?~~az( v:> Co\. 'S Uc.\.\,-U'\ -+"-e. \4i ~o s. ~ we 01.re ~s \(1n5 TO r ~ \ 3 .~ fu ½- Hardship (taken from Code of Alabama 1975 Section 11-52-80): "To authorize upon appeal in specific cases such variance from the terms of the (zoning) ordinance as will not f'" e. ~ r- be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provision of \J a,, r ( Q V\CA! the (zoning) ordinance will result in unnecessary hardship and so that the spirit of the (zoning) ordinance shall be observed and substantial justice done." BOA Fee Calculation: Residential Filing Fee: $100 Publication: $20 Commercial $500 $20 I certify that I am the property owner /leaseholder of the above described property and hereby submit this application to the City for review. *If property is owned by Fairhope Single Tax Corp. an authorized Single Tax representative shall sign this application. 169.7' PROPERTY LINE 10' SETBACK LINE ,----------------------------~7 I / I // 18' 9" 16' 3" I // * .. If -,t / / II! ~ . ~ 0 !ii p i ~ .i ~ .i m ~ r-z m ~ , / / /~ I ,g,• I ~ 1 rf- / ,.___.:+ /~ ~ ~ I I '>J I ,.. .... lG, ff w l ~I j : 0 1 ~I ~I z G) :r ~ m I I ~-----,, I I I I I I 10' SETBACK LINE 115.00' PROPERTY LINE 169.7' PROPERTY LINE 10' SETBACK LINE ,-----------------------------7 I // I // I\) ., 18'-9" , 16'-3" ~ // K ~ K / / ~1; H ~~ :i! 0 Z 0 I'!! 0 'l, q l; "V 0 :,J ~ ~ ~ r-z m ..... ""':! ~ ~ !!i z G) :r ~ m I I ~-----,/ ,-LE=3:: --1 z 10' SETBACK LINE m 115.00' PROPERTY LINE I I I I I I I I / / / ,!f / ,g,· /~ I l'f' I,._.:+ /~ I '>, " .G, <5' # §> $ ,.___.;,;, ~ ')j -~ FRAWWOMU.C. z £ ~ ~ ~ ~ .i :,J 0 .i m ~ r-z m ~ a .i ~ .i m ~ r-z m □ni1,1 ! □81::i i ii ilil!I I • :1i111 • iii SCHULTZE PORCH RENOVATION 375 RIDGEWOOD ClRCI.E FAIRHOPE. ALABAMA Sf&Tll!\E SITEPlAN □ !FRAMEWORXLLC . 24390 US-98 8'Jit95 ,_"l.3"532 www,tra-newone::.oom ~ .. s SCH u LTZ PORCH RE N OVAT I ON ~ =~J ~ f;;! 375 RIDGEWOOD CIRCLE I if-""~"-1 FAIRHOPE, ALABAMA (la LIST OF DRAWINGS ,.,_ PAGE# SHEET# DESCRIPTION ~-~ 1 C COi/EA SHEET: PftOJECT INFO, & DAAWIHC:.S tNOEX 2 A1 .0 NEWFl.OOA PU.N 3 A2.0 HEW UGHTING ana POWER l"l.>H 4 A3.0 HEW EXTERIOR EI.EVATIOHS 5 A4.0 EXISTINOP\.AN 6 A4 .1 EXmtHG ELEVATIONS BEI!;-~✓ --,_ , , ' ' , , ' ' , ' ' , , ' ' z , 0 1, ~ ' ' , , ' ' , , > ' , ' , od! ' , ' , ~ ..!..-~ .,!...._ ~!!: ' , ' , 0:: <.> ------,..._ '-- i3§. g ffi ------I-i8 I I I I T1,_ o::~i ~~ w"'< ~ r;u. ...J :::, :c: u Cl) - ~~*-SQUARE FOOTAGE CALCULATIONS -:-- DESIGNER: EXISTING INDOOR A/C AREA 2255 SF - NEW INDOOR A/C AREA 302 SF .___ t 24390 US-98 Suite 5 TOTAL INDOOR A/C AREA 2255 SF I - Fairhope AL, 36532 FRAMEWORX LLC. a PHONE: (251) 219-0330 EXISTING REAR PORCH 456 SF ~ EMAIL : frameworxalabama@gmall .com NEW REAR PORCH .294 SF WEBSITE: www.framewondlc.com ---fl TOTAL OUTDOOR AREA 162 SF ------CONSULTANTS BUILDER/CONTRACTOR TOTAL EXISTING FOOTPRINT 2417 SF MECHANICAL ENGINEER NO CHANGE TO FOOTPRINT ... l».Tl:03'0Sl2025 ELECTRICAL ENGINEER __,..,, --_..,. . .,. W · M LANDSCAPE ARCHITECT -.,, - CML ENGINEER I --I 1 .. • I ..,._ I C ~., § WALL LEGEND ~ ul EXISTING WAil. TO REMAIN ~ ii I I id· u. Nu. I DEMO WALL TO BE REMOVED (la r-------------------, I I L-------------------J CHANGES FROM EXISTING PLAN ( : :: : : : ::: :) □ DIITN)ITVTOM- """""'"""'J 17 IXISTINOMNll'OIIOITOIWiWN TOIIUN\I I I ~ ,' ' ' I I \ I I ,... ..... ~ ~ ~ z 0 17 ~ l!XIITINDITIN I I ad! ~ n,-'--LJ I ffi!!; ~ ' --a:: <J I , ~ ·-.... i3§_ i er I \ i~ I-~ O:::~w og:S r ' ,~.~ Q. -12 ~ ' E~ ~ w"'< I ---~~u. z , .... :r \:lf'TIOGWAU.IHlCII ~ t::u-... ~ ..J ....,.. IO'C.,_CIH -::::, .......... eontlll:itl,AUX :c MICIC)MOttEMtk. In ·:~M ---(.) ---rn ~ ,_, l t ~ t ~~ --I 2FTIOCIWAUUfall - >~ .......... ~ ~ I r--, /l -I I I I... r-H '-':olTPTO ~ -::::@l::: ---""'-II -IO--==..-:-"' ___ lt',1111' ll ==: ... -:.-"..::.. ------• --.. ,. --------- .... 1111,ll, 03,()6/2Q25 ----NOTES: -~ -CIIIC1W)..,,.,,,, --W•~ I -"""" I I. M.LDISTl'IO~Alll!~TI 2 ., 8 z. fr«W......,nQNMOMJ'TltOCl(NM.I. ~-OPSJIWM.1.1. 0 ,NEW FLOOR PIAN I --I SCALEl14"•1'.(I" A1.0 ELECTRICAL LEGEND: POWER ANO COMMUNK:ATION -e • 110V0LT stNQlE RECEPACLEOSTD, HGT. =0 • 110 VOlT DUPl.EX RECEPTACt.E MOUNTED OSTO. HGT. =0"' -110VOLT GROUND FAUt.TINTERRUPToun.ET =0:: -110 VOLT WEATHERPROOF GROUND FAULT DUPt.EX RECEPTACLE =0• -S1¥1TCHED LAMP OUTLET =® • 110VOLTDUPI.EXRECEPTACLE MOUNTEDO 12"AFF ,€) • 110 VOLT DUPLEX OU'TUIT, 42" AFF ,6) • 110 V0l T NEW DUPI.EX RECEPTACLE ABOVE COUNTER =© • 110Vot.TFLOOARECEPTACLE ♦ • 110VOLTFOURPLEXRECEPTACLE • -220 VOLT RECEPTACLE =@e1«--DUPLEX OUTI.ET, CLOCKED \,_. -SWITCH CONNECTION ELECTRICAL LEGEND: LIGHTING Ill,, • 4" RECESSED AXED LED DOWNUGHT JI,, • 5" RECESSED FIXED LED D0WNUGKT ~. -WALL MOUNT SCONCE LIGHTING (CHOICE BY OWNER) P,. -CEILING SURFACE HANGING LIGHT FIXTURE .~ • HEATERECHAUST FAN/LIGHT ~ • INDOOR CEIIJNQ FAN: FANIIJGHT COM(UNATION (CHOICE BY OWNER), 5 BLADE ELECTRICAL LEGEND: SwrTCHlNG $ -~NOLE P0t.E SWITCH. sro. HGT • $' • THREE-WAY SWITCH O STD. HGT. $' -DIMMER $' -3 WAY SWfTCH ,. -3 WAY AND DIMMER $' • 3 WAY SWfTCH $" • FAN SPEED CONTROL $"' • MOTION I OCCUPANCY SENSOR fiiJ · GARAGE DOOR OPENER $M • INTERCOM $' • ELECTRtC STRIKE -+ • GAS FlRELACE KEY I SWITCH ..... • FAN SWITCH/FAN SPEED CONTROL COMB!~TION ,0. · REFRIOERATOR oun.ET ELECTRICAL NOTES: 1. ALL ELECT'RtCAL WORK SHALL BE IN STRlCT ACCORDANCE WrTH INTERNA110NAL RESIDENTIAL (IRC) CODE 2019. 2. PROVIDE INSULATED CEILING KITS FOR RECESSED UGHT8 AT ALL LOCAT10NSINSULAT10N IS USED. SUITABLE FOR DAMP LOCATIONS AT EXTERIOR LOCATIONS. AU. EXTERtOR FIXTURES SHALL Kot.VE WEATHERPROOF LENSES. 3. ALL BEDROOM RECEPTACU:S TO BE ARC-FAULT PROTECTED PER"IRC"2011. 4, PROVIDE POWER AND WIRING AS REQUIRED FOR HVAC SYSTEM. S. OWNER TO APPROVE LAYOUT PRIOR TO INSTALLATION 0. PROVlDE POWER TO TANKLESS WATER HEATERS PER MANUFACTURERS 6Pt!OF1CATIONS.(0PTIONAI. TO OWNER) 7. use GFCI OUTlETS IN BOTM BATHROOMS I I I I I I It I I I I I I I ,' ' ' ' I I I ' I 0 NEW POWER and LIGHTING PLAN SCALEIJ.4"•1'4' □ ___ ,,...,_ -·---------·-'° ,... __ ,.._ .... l»ITI, 03/08l2025 --A2.0 WALL LEGEND EXISTING WALL TO REMAIN I I DEMO WALL TO BE REMOVED r-------------------, I I L--------------------' CHANGES FROM EXISTING PIAN NOTES: N,.L.ce,,,,IO~,.,...,,.,..,,,_fl L IICW ........ TDINfO~NAU. ~Wffl,o(INlt"JU.t. ICW~IIT\.lilbi110011', llfftMTO•Pl!l.O~ ---------------1---------+----tt ~~TO....,NOlllO'l:II e ....,., NIWIW'DW...0_,_ ______ 1----------f----!,t -.... IDOST..oMO.IIITOIIIMII.N0¥1'011111-~ -,_ 0 0 0 -----,.,,14'1,111Qv,- :It~ ....... aPTIOaW#IU.l,NJlll'IIIINlO,II' - =t! - -d I ' I ' I ' ' I L, .L. I l.l' -- I...,_ 0NEW REAR ELEVATION ~IU"aY.a" -+-----~TO~MOWOl'IK ---.i---...----·-----_ __,,,.. __ _ -----· ___ ,.._ ., . .., I I I II ,___...., -~ 1;=-sam-~-~~ i.---------------+-L--L------....l..-...!.....i.....lL..J:::==1....---+----------------------..l.....-----------,,Di,"'•..--► p -=- . ., 0NEW SIDE ELEVATION SiC,lr,l,Etw•l'<O" ---A3.0 WALL LEGEND EXJSTING WALL TO REMAIN DEMO WALL 7 BE REMOVED =----=====j CHANGES FROM EXISTlNG PLAN :: : : :: :::::::) NOlcS: I I I I / ~<, : I \ ~ ~ 0EXISTING FLOOR PLAN 1 SCALE 114"•NI" □ --Qt.Tl: 03JOel2025 ----A4.0 WALL LEGEND EXISTINGWl"-1. TOREMAIN I DEMO WALL TO BE REMOVED ,-------------------, L ___________________ J CHANGES FROM EXISTING PLAN :: ::: ::> NOTES: 1. M.I.IDl:sT9oO~Mt~TI Z. ICW........,flON,,,.,~fllM.I. IIOQMIWffioOl"'tH-U. Lu.. , ' , ' , ' , ' , ' , ' ' , ~ ~ --~ --~ 17 -11'•· I I I lotMDff .. , , ! ! , ' ~ 1~ . ' ' ' L. ,..,_ z 0 ~ ~d ~ z..,! 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JERRY PEREZ, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF ALAIW4A HEREBY STATE THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED lN ACCORDANCE WITH THE CURRENT REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF ALABAMA TO THE BEST OF HY KNOWLEDGE, INFORMATION, AND BELIEF; AND THE FOREGOING IS A PLAT OF THE FOLLOWING DESCRIBED PROPERTY, TO WIT: LOT 7, AND THE WEST 10 FEET OF LOT 12 OF RIDGEWOOD ESTATES SUBDIVISION OF FAIRHOPE, AS RECORDED IN MAP BOOK 5, PAGE 129 OF THE RECORDS OF THE JUDGE OF PROBATE OF BALDWIN COUNTY, ALABAMA, THE IMPROVEMENTS NOW ERECTED ON SAID LOT ARE WITHIN THE BOUNDARIES THEREOF, EXCEPT AS SHOWN; THERE ARE NO ENCROACHMENTS BY ADJOINING PROPERTY, EXCEPT AS SHOWN; THERE ARE NO RIGHTS-OF-WAY, OR JOINT DRIVEWAYS, OVER OR ACROSS SAID PROPERTY VISIBLE ON THE SURFACE, EXCEPT AS SHOWN. THE AS-BUILT STREET ADDRESS IS 375 RIDGEWOOD CIRCLE. ACCORDING TO MY SURVEY THIS 15th DAY OF MAY, 2014. LAND SURVEY -SCHULTZE (514-02). 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Cous.rry P101Ar1 R•co;r,os. #,1 r,v1:s-..s MY J.1,,,41,e, TH16-1:)1y o.!'-___ ,4P. /9t.:t:> o, Peo1,vrli ·•-----.... :, -- 129 ,,,.:,. .1 I I ,· I \ BoA l1.03 \ • 313 Rid_fw«Jd UrJ frot)t SeJbac1 Vflin·-,,_,nl Denia! t>./ Bm-d ot Adj~ 3/w/n March 20, 2017 Board of Adjustment Minutes The City of Fairhope Board of Adjustments and Appeals met on Monday, March 20, 2017 at 5:00 PM in the City Council Chambers at the City Administration Building, located at 161 N. Section Street. Members Present: Chairman Anil Vira; Troy Strunk, Vice-Chair; Christina Stankoski; Harry Kohler; Cathy Slagle; Wayne Dyess, Director of Planning; Emily Boyett, Secretary. Absent: John Avent and Dick Schneider The meeting was called to order at 5:00 PM by Chairman Vira. The minutes of the February 20, 2017 meeting were considered. Troy Strunk moved to accept the minutes as written and was 2nd by Harry Kohler. Motion carried with one abstention by Cathy Slagle. BOA 17.03 Public hearing to consider the request of Ted Miles for a variance to the front yard setback requirements for a principal structure. The property is located on the east side of Ridgewood Circle just south of Kirkman Lane, at 373 Ridgewood Circle. Mr. Dyess gave the staff report. Summary of Request: The subject property is located in the R-2 Medium Density Single Family Residential District. The applicant is requesting to construct additional coverage to the front entrance and enlarge the existing garage. The subject property fronts Ridgewood Circle. The variance request is to encroach into the 35' front yard setback by 4'8" on the south side for a porch extension and 4' 11" on the north side for a garage enlargement. The subject property is Lot 8 of Ridgewood Estates. Ridgewood circle is a cul-de-sac serving 6 lots. All lots on Ridgewood Circle are uniform in shape and size. The only condition that may vary from lot-to-lot is slight topographic changes. However, the variance request does not provide topography as justification and the topography is not material to the request. Recommendation: It is stafrs position that the variance requests have not proven a hardship as required by the criteria established by the City of Fairhope Zoning Ordinance, Article II.C.3.e; therefore, staff recommends the variance request be denied. Mr. Miles addressed the Board saying the previous owner enclosed the garage but left the exterior garage door. He explained the interior was not insulated correctly and they would like some additional space for storage. Mr. Vira opened the public hearing. Having no one present to speak, Mr. Vira closed the public hearing. 1 .... March 20, 2017 Board of Adjusbnent Minutes Cathy Slagle made a motion to accept the staff recommendation to deny due to the request not meeting the criteria established by the Zoning Ordinance. Harry Kohler 2nd the motion and the motion carried unanimously. BOA 17.04 Public hearing to consider the request of Steve and Jill Delamore for a variance to the front yard setback requirements for a principal structure. The property is located on the south side of Nelson Drive just east of Scenic Hwy. 98, at 6038 Nelson Drive. Mr. Dyess gave the staff report. Summary of Request: The subject property is located in the R-1 Low Density Single Family Residential District. The applicant is requesting a 20' front yard setback variance. The subject property is located at 6038 Nelson Drive. As indicated on the site plan, a large area of wetlands is located on the rear of the property. Due to the wetlands and the Fairhope Wetland Ordinance, the proposed single family construction cannot fully utilize the rear property area. Due to this fact, the request is to locate the proposed construction further towards the front of the lot, out of the wetlands, which then encroaches 20' into the 40' front yard setback. The wetlands are a physical hardship impairing the location of the single family construction. Staff believes that 20' front yard setback variance relief is warranted under the criteria of the Zoning Ordinance. Recommendation: It is staffs position that the variance request has proven a hardship as required by the criteria established by the City of Fairhope Zoning Ordinance, Article II.C.3.e; therefore, staffrecommends the 20' front yard setback variance be approved. Mr. Delamore addressed the Board saying there are wetlands on the rear of the property and they want to leave them alone. Ms. Slagle asked if they were aware of the wetlands when they purchased the property and Mr. Delamore responded no, they had no idea there were wetlands. He explained they purchased the property in August 2016 and the City informed them that wetlands may be present. He stated a survey was conducted and verified the wetlands. Mr. Vira opened the public hearing. Phillip Dyson of 193 87 Scenic 98 -He stated the area has always flooded and is a drain point but it is only seasonally wet. Having no one else present to speak, Mr. Vira closed the public hearing. Troy Strunk made a motion to accept the staff recommendation to approve a 20' front yard setback variance due to the presence of wetlands on the property. Harry Kohler 2nd the motion and the motion carried unanimously. 2 CITY OF FAIRHOPE BOARD OF ADJUSTMENT CITY OF FAIRHOPE PLANNING DEPARTMENT P.O. BOX429 FAIRHOPE, AL 36533 Telephone: (251) 928-8003 Fax: (251) 990-2879 NOTICE OF ACTION TAKEN BOA MEETING DATE: March 20, 2017 CASE NUMBER: BOA 17.03 PROPERTY LOCATION: 373 Ridgewood Circle PPIN #: 28462 APPLICANT: Ted Miles ENGINEER/SURVEYOR: NIA REQUEST: A variance to Minimum Front Yard Setback requirements of Table 3-2: Dimension Table-Lots and Principal Structures in the City of Fairhope Zoning Ordinance. • ACTION TAKEN BY THE BOARD: Variance denied due to the request not meeting the criteria established by the Zoning Ordinance. Secretary 451 Pecan Ave, PO Box 429, Fairhope, AL 36532 251-928-8003 | www.fairhopeal.gov 1 of 1 THE CITY OF FAIRHOPE BOARD OF ADJUSTMENTS PLANNING & ZONING DEPARTMENT NOTICE OF ACTION TAKEN Meeting Date: November 17, 2025 Case Number: BOA 25.15 – 20105 Bunker Loop Property Location: 20105 Bunker Loop PPIN #: 29411 Applicant: Mick Blackledge Engineer / Surveyor: None Request: 4’ rear yard setback variance Action Taken by the Board of Adjustments: Denied __________________________________ Cindy Beaudreau Planning Clerk NOTE: In accordance with the City of Fairhope Zoning Ordinance, Article II, Section C, 3g: 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. From:Curl To:planning Subject:Case BOA 26.02- Support for Variance Request – 375 Ridgewood Circle (Case BOA 26.02) Date:Tuesday, January 6, 2026 5:24:32 PM Dear Planning and Zoning Department, I am writing in response to the variance notice dated January 5, 2026, regarding the setback variance request for the property located at 375 Ridgewood Circle (Case BOA 26.02), which is scheduled for a public hearing on January 22, 2026. I am the direct next door neighbor at 373 Ridgewood Circle, and I would like to formally state my full support for the requested variance. The property owners have been excellent neighbors. They are respectful, communicative, and take good care of their home and surrounding property. Based on my firsthand experience as the adjacent neighbor, I have no concerns with the requested setback variance. I do not believe the proposed variance will have any negative impact on neighboring properties or the overall neighborhood. The request appears consistent with the established character of the Ridgewood Circle neighborhood, where homes are similar in scale, placement, and appearance. Granting this variance would maintain continuity with the surrounding properties and would not alter the residential character or enjoyment of the area. Please include this email as part of the official record for consideration by the Board of Adjustments. Thank you for your time and service to the community. Sincerely, John Curl 373 Ridgewood Circle Fairhope, Alabama From:Ley Curl To:planning Subject:Letter of Support – Variance Request at 375 Ridgewood Circle (Case BOA 26.02) Date:Tuesday, January 6, 2026 5:28:05 PM Dear Planning and Zoning Staff, I am submitting this email in response to the notice dated January 5, 2026, concerning the setback variance request for the property at 375 Ridgewood Circle, to be heard by the Board of Adjustments on January 22, 2026 (Case BOA 26.02). I reside at 371 Ridgewood Circle and am one of the immediately adjacent property owners. I would like to express my full support for the requested variance. The homeowners at 375 Ridgewood Circle have been consistently considerate and responsible neighbors. They maintain their property well, communicate openly, and have always demonstrated respect for those living nearby. From my perspective, the proposed variance will not negatively affect my property, my use and enjoyment of it, or the surrounding neighborhood. In my opinion, the request aligns with the existing pattern and character of development along Ridgewood Circle. Homes in this area reflect similar spacing, scale, and residential use, and approving this variance would be consistent with that established character rather than a departure from it. Please accept this email as a statement of support to be included in the official record for this case. Thank you for your consideration. Respectfully, J. Wesley Curl 371 Ridgewood Circle Fairhope, Alabama Ley Curl From:Bob Mclaughlin To:planning Subject:Case BOA 26.02 Date:Wednesday, January 7, 2026 9:33:23 AM To whom it may concern, In response to Case BOA 26.02 for applicant Patricia Schultze at 375 Ridgewood Circle Fairhope. Let it be known that we have no issues with the applicant’s request for the variance described in case. Respectfully, James R. McLaughlin Karen B McLaughlin 370 Francilla Cir Fairhope 251.270.8965 From:Bradford Tonder To:planning Cc:Jennifer Tonder Subject:BOA 26.02 Date:Wednesday, January 7, 2026 2:24:39 PM Dear Board Members, Please accept this email as our full support for Case: BOA 26.02. Our property, 374 Ridgewood Cir, is across the street from Mrs. Schultze. We are fully aware of the proposed work and have zero concerns it will affect or impact our property or any of the properties in the adjacent areas. We highly recommend the Board approve this request. If you have any questions, you can reach us via this email or: 904-469-3428. Thank you, Brad & Jennifer Tonder 374 Ridgewood Cir Fairhope, AL 36532 From:Robert Allsman To:planning Cc:allsprops@aol.com Subject:Case: BOA 26.02 / Comments to Variance Request Date:Thursday, January 8, 2026 11:04:41 PM To Whom It May Concern: This correspondence is in response to your letter dated 01/05/26. My name is Bob Allsman residing at 376 Francilla Circle which lies adjacent to the subject property as our rear property line is common. In order to gain an understanding of what is to be constructed I've called the Planning Clerk multiple times but we haven't connected so I'm assuming the variance request is for the purpose of an addition to an existing structure. My concern related to this involves a drainage issue which I've tolerated without contacting the owner in the sprit of being a congenial neighbor. During heavy rainfall water runs toward the SE corner of the subject property and onto mine as it passes through and under my privacy fencing causing some erosion and continues to flow toward my home. Creating additional impervious surfaces without requiring adequate provisions for drainage management will increase the existing issue which I would not be willing to accept. Recently a neighbor to the north of my property altered landscaping and graded their yard which diverted a high volume of water directly onto my property repeatedly flooding my yard and a screened patio, a situation which unfortunately resulted in conflict. Since this variance request has reached the P & Z Department and from past experience it appears building set back requirements may have become more lenient so I have no objection to my neighbor's addition as I also plan to renovate and hope to expand my residence as well. Thank you for contacting me. Best regards, Bob Allsman 251-751-0606 allsprops@aol.com [I ] From:Miriam Willis To:planning Subject:CASE BOA 26.02 Date:Monday, January 12, 2026 10:33:24 AM I received notice of consideration for a variance at the residence of Patty Schultze, 375 Ridgewood Circle. I reside at 372 Francilla Circle, and my property is cornered with theirs. We have a mutual considerate and understanding relationship as neighbors, and I fully support their proposed renovations requiring a variance. They maintain their property well and we have worked together with success in the past to keep our properties well landscaped. Please accept this email as a statement of support to be included in the official record for this case. Thank you 372 Francilla Circle Fairhope 251-656-8501 Miriam Willis, RN Thomas Hospital Case Management Hospital cell# 251-243-5196 From:Aaron Orr To:planning Subject:Setback Variance Request Case BOA 26.02 at 375 Ridgewood Circle Date:Monday, January 12, 2026 8:55:11 PM > Dear Planning and Zoning Staff, > > This message is being sent in response to your notification of a request for a setback variance referenced above. > We own and live at 376 Ridgewood Circle directly across from subject property. We are fully supportive of this request. > They are great neighbors and responsible and respectful homeowners. The proposed variance will not negatively impact us in any way and seems consistent with the current pattern of the neighborhood. > Please enter this statement of support into your official file/record for this case. > > With gratitude, > Aaron M. Orr > 376 Ridgewood Circle > Fairhope AL > >