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Home My WebLink About05-18-2026 BOA 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 May 18, 2026 – 5:00 PM 1. CALL TO ORDER Anil Vira, Chairman Ryan Baker Frank Lamia, Vice Chairman Donna Cook David Martin Cathy Slagle Janine Saykes, Secretary 2. APPROVAL OF MINUTES • April 21, 2026 3. OLD/NEW BUSINESS OLD BUSINESS NEW BUSINESS A. BOA 26.06 Public hearing to consider the request of the Owner, Jinan Chaarani, MD, for a Special Exception for a Clinic on property zoned B-2, General Business District. The property is located at 308 Magnolia Avenue and is 0.27± acres. PPIN#: 53140 4. ADJOURN Page 1 of 15 Fairhope Board of Adjustment Minutes April 21, 2026 – 5:00 PM Fairhope Board of Adjustment Minutes – April 21, 2026 1 ADMINISTRATIVE The Board of Adjustments met on Tuesday, April 21, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Staff: Hunter Simmons, Planning and Zoning Director; Payton Rogers, Planning and Zoning Manager, and Michelle Melton-Null, City Planner, and Janine Saykes, Planning Clerk Chairman Vira called the meeting to order at 5:02 PM. APPROVAL OF MINUTES • Approval of the Minutes – February 23, 2026 Ryan Baker made a motion to approve minutes from the February 23, 2026, meeting. Frank Lamia seconded the motion and the motion carried unanimously with the following vote: AYE: Anil Vira, Frank Lamia, Cathy Slagle, Bryan Flowers, and Ryan Baker. NAY: None ABSTAIN: None OLD BUSINESS None NEW BUSINESS A. Appointment of Board of Adjustments Secretary Ryan Baker nominated Janine Saykes for Board of Adjustments Secretary. The motion carried unanimously with the following vote: AYE: Anil Vira, Frank Lamia, Cathy Slagle, Bryan Flowers, and Ryan Baker. NAY: None ABSTAIN: None Page 2 of 15 Fairhope Board of Adjustment Minutes – April 21, 2026 2 B. BOA 26.03 Public hearing to consider the request of the Owner, Lucinda Chappelle, for a Building Height Variance on property zoned R-2, Medium Density Single-Family Residential District. The property is located at 210 Gayfer Court and is 0.72± acres. PPIN#: 22366 Payton Rogers, Planning and Zoning Manager, presented the above request made by the Applicant. Mr. Rogers shared the aerial and zoning maps. Mr. Rogers received a citizen comment from the neighbor at 204 Gayfer Court. Their concern is the potential loss of sunlight on their property. Staff recommends Denial of the site-specific building height definition as proposed but instead, recommends Approval of BOA 26.03 – 210 Gayfer Court request for a Building Height Variance to be measured beginning from the average natural elevation of the northern portion of the lot above the top-of-bluff line. Chairman Vira asked the Applicant if she would like to speak. Chip Chappelle and Lucinda Chappelle 210 Gayfer Court: Mr. Chappelle stated they hired a surveyor, an architect, a draftsman, and a contractor and none of them knew of the issues the gully created for their renovation and subsequently demolished the back end of their house. The Chappelle’s would like to create a beautiful home that compliments the neighborhood. Chairman Vira opened the public hearing at 5:15pm. Lee Verneuille, 732 S. Mobile Street: Mr. Verneuille is in total support of this Building Height Variance for the Applicant. Chairman Vira closed the public hearing at 5:18pm. Ryan Baker made a motion to approve BOA 26.03 with Staff recommendations. Frank Lamia seconded the motion and the motion carried unanimously with the following vote: AYE: Anil Vira, Bryan Flowers, Frank Lamia, Ryan Baker, and Cathy Slagle. NAY: None ABSTAIN: None C. BOA 26.04 Public hearing to consider the request of Murphy Oil USA, Inc., on behalf of the Owner, RW Battles, LLC for a Special Exception to allow construction of an Automobile Service Station on property zoned B-2, General Business District. The property is located at 18186 Wright Blvd and is 1.13± acres. PPIN#: 391372 Michelle Melton-Null, City Planner presented the above request made by the Applicant. Ms. Melton-Null shared the aerial and zoning maps. Two citizen comments came in requesting denial of this application. One stated the proximity of two (2) other automobile service stations and the other citizen asked about additional curb cuts on Highway 98. Page 3 of 15 Fairhope Board of Adjustment Minutes – April 21, 2026 3 Staff recommends Approval of BOA 26.04 request for a Special Exception to allow construction of an automobile service station to be located at 18186 Wright Blvd (Shoppes at Point Clear). Ryan Baker asked if there were any environmental concerns with the drainage way. Hunter Simmons, Planning and Zoning Director, stated the storm water pond is managing the storm water management and it meets all regulations. Wesley Miller, Engineer of Record for RAM Engineering stated there are no new curb cuts to the main highway. Frank Lamia asked if they are servicing automobiles in the building. Mr. Miller stated no, they are only a filling station and convenience store. Cathy Slagle asked if Murphy Oil has a connection to Walmart. Mr. Miller stated they have no affiliation with Walmart. Chairman Vira opened the public hearing at 5:31pm. The public hearing was closed at 5:31pm. Frank Lamia made a motion to approve BOA 26.04 with Staff recommendations. Cathy Slagle seconded the motion and the motion carried unanimously with the following vote: AYE: Anil Vira, Bryan Flowers, Frank Lamia, Ryan Baker, and Cathy Slagle. NAY: None ABSTAIN: None D. BOA 26.05 Public hearing to consider the request of Murphy Oil USA, Inc., on behalf of the Owner, Corte Cave/Mitchell 1, LLC, for a Special Exception to allow construction of an Automobile Service Station on property zoned B-2, General Business District. The property is located at the northwest corner of the intersection of State Hwy 181 and 104 and is 1.18± acres. PPIN#: 626309 Michelle Melton-Null, City Planner presented the above request made by the Applicant. Ms. Melton-Null shared the aerial and zoning maps. Staff recommends Approval of BOA 26.05 request for a Special Exception to allow construction of an automobile service station to be located on Lot 4 of Planter’s Pointe. Cathy Slagle asked if there was a problem with having three (3) gas stations at one intersection. Hunter Simmons, Planning and Zoning Director, stated we do not have a regulation limiting the proximity to another service station. Ryan Baker asked if this shopping center has a master drainage pond. Hunter Simmons stated no, but it has a pond within the subdivision. Most of the out parcel lots must manage their own drainage. Page 4 of 15 Fairhope Board of Adjustment Minutes – April 21, 2026 4 Wesley Miller, Engineer of Record for RAM Engineering stated the master development has subsurface drainage to which they can connect. They have a conceptual plan for the storm water detention pond and will comply with the city storm water requirements when they go through the site plan approval process. Ryan Baker asked Mr. Miller to consider the environmental elements when going through the site plan approval process. Hunter Simmons stated that they are applying for a partnership grant with ALDOT for safe pedestrian crosswalks across the two (2) state highways. Chairman Vira opened the public hearing at 5:44pm. The public hearing was closed at 5:44pm. Frank Lamia made a motion to approve BOA 26.05 with Staff recommendations. Ryan Baker seconded the motion and the motion carried unanimously with the following vote: AYE: Anil Vira, Bryan Flowers, Frank Lamia, Ryan Baker, and Cathy Slagle. NAY: None ABSTAIN: None ADJOURNMENT Ryan Baker made a motion to adjourn. The motion carried unanimously with the following vote: AYE: Anil Vira, Bryan Flowers, Frank Lamia, Ryan Baker, and Cathy Slagle. NAY: None ABSTAIN: None Adjourned at 5:46 pm. ______________________________ _________________________________ Anil Vira, Chairman Janine Saykes, Secretary Page 5 of 15 Payton Rogers Page 6 of 15 BOA 26.06 – 308 Magnolia Ave May 18, 2026 Page 1 of 4 SUMMARY OF REQUEST Public hearing to consider the request of the Owner, Jinan Chaarani, MD, for a Special Exception for a Clinic on property zoned B-2, General Business District. The property is located at 308 Magnolia Avenue and is 0.27± acres. SITE HISTORY A Site Plan Review case (SR 06-04) was approved for the subject site in 2006. The property is currently developed with a two-story commercial building. There are no known Board of Adjustments cases affiliated with this site. STAFF COMMENTS The applicant has requested Special Exception approval to allow a telehealth dermatology clinic in a B -2, General Business District on property located within the Central Business District. The Zoning Ordinance permits Clinics to be located within B -2 districts only on appeal and subject to special conditions, hence this Special Exception application. The complete application can be found included within the agenda packet. The subject site currently has an existing structure (see exhibits), with no changes to the footprint or exterior of the building being proposed at this time. Any future signage will be required to comply with all aspects of the Sign Ordinance and receive issuance of a sign permit prior to installation. The Zoning Ordinance defines B-2 Districts and Clinics as follows: B-2 General Business District: This district is intended to provide opportunity for activities causing noise and heavy traffic, not considered compatible in the more restrictive business district. These uses also serve a regional as well as a local market and require location in proximity to major transportation routes. Recreational vehicle parks, very light production and processing activities are included. Clinic: a place used for the care, diagnosis and treatment of ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but who are not provided with board. (p.88) The applicant is proposing to open a dermatology services clinic operating primarily via tele -health appointments. The applicant has stated that the site may see minimal foot traffic of 1 -2 patients per week by appointment only. Page 7 of 15 BOA 26.06 – 308 Magnolia Ave May 18, 2026 Page 2 of 4 SPECIAL EXCEPTION CONSIDERATIONS Article II Section C.3.e(2) of the City of Fairhope Zoning Ordinance states that any other application (i.e. Administrative Appeal or Special Exception) shall be reviewed by the Board of Adjustments under the following criteria: 1) Compliance with the Comprehensive Plan; 2) Compliance with any other approved planning document; 3) Compliance with the standards, goals, and intent of this ordinance; 4) The character of the surrounding property, including any pending development activity; 5) Adequacy of public infrastructure to support the proposed development; 6) Impacts on natural resources, including existing conditions and ongoing post-development conditions; 7) Compliance with other laws and regulations of the City; 8) Compliance with other applicable laws and regulations of other jurisdictions; 9) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and 10) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. 11) Overall benefit to the community; 12) Compliance with sound planning principles; 13) Compliance with the terms and conditions of any zoning approval; and 14) Any other matter relating to the health, safety, and welfare of the community. Recommendation: Based on the preceding, Staff recommends APPROVAL of BOA 26.06 – 308 Magnolia Avenue Special Exception for a tele-health dermatology clinic on property zoned B-2, General Business District. Page 8 of 15 EXHIBITS BOA 26.06 – 308 Magnolia Ave May 18, 2026 Page 3 of 4 Excerpt from Table 3-1 Use Table Zoning Districts R-A R-1 (a, b, c) R-2 R-3 TH R-3 PGH R-3 R-4 R-5 R-6 B-1 B-2 B-3a B-3b B-4 M-1 M-2 Use Categories / Specific Uses Retail (cont.) Automobile Service Station ○ ○ ○ ○ Outdoor Sales Limited ○ ○ ○ Outdoor Sales Lot ○ ○ ○ Garden Center ○ ○ ○ ○ Service Convalescent or Nursing Home ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Clinic ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Outdoor Recreation Facility ○ ○ ○ ○ ○ ○ ○ ○ ● ○ ○ ○ Day Care ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ● Allowed By-Right per Zoning Ordinance standards & conditions э Subject to special conditions as detailed in Zoning Ordinance ○ On appeal & subject to special conditions as detailed in Zoning Ordinance Dist Page 9 of 15 EXHIBITS BOA 26.06 – 308 Magnolia Ave May 18, 2026 Page 4 of 4 Street View of Existing Building Page 10 of 15 Page 11 of 15 Page 12 of 15 Page 13 of 15 Page 14 of 15 THE CITY OF FAIRHOPE, ALABAMA PLANNING & ZONING DEPARTMENT 451 Pecan Ave, PO Box 429, Fairhope, AL 36532 251-928-8003 | www.fairhopeal.gov | planning@fairhopeal.gov 1 of 1 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 Notiﬁcation Letter May 1, 2026 RE: BOA 26.06 Address: 308 Magnolia Avenue PPIN #: 53140 Description: Owner, Jinan Chaarani, MD, for a Special Exception for a Clinic on property zoned B-2, General Business District. Dear Fairhope Resident, State law requires all property owners within 300’ of property to be considered for a variance request to be notiﬁed by mail. The Baldwin County Revenue Office provided your information as a current property owner within 300’ of the variance request detailed above. The City of Fairhope Board of Adjustments will hold a public hearing at 5:00 PM in the Council Chambers located in the Municipal Complex at 161 N. Section Street on May 18, 2026. All written comments and/or presentation materials MUST be received by the Planning Department by no later than noon on May 8, 2026, to ensure adequate time for review and distribution to the Board members prior to the public hearing. Written comments/materials received after this deadline may not be included in the advance report packet but may be submitted for the record at the public hearing. Staff reports and application materials will be posted online during the week prior to the public hearing at www.fairhopeal.gov under the Agendas and Minutes tab. FRAUDULENT & SUSPICIOUS EMAILS The City of Fairhope Planning Department is aware of fraudulent emails impersonating City Staff and Commission members requesting payment for permits or services via wire transfer. Please note that the City of Fairhope will never request payment of any kind via wire transfer and application fees will always be processed prior to a case going before any Board or Commission. If you receive a suspicious message please notify the Planning Department right away and do not click any links, open attachments, or send any payment or personal information. Should you have any questions or concerns, please contact the Planning Department. Cordially, Janine Saykes Planning Clerk Page 15 of 15