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HomeMy WebLinkAbout8-17-2026 Board of Adjustment MinutesFairhope Board of Adjustment Minutes August 17, 2026 - 5:00 PM ADMINISTRATIVE This Board of Adjustment met on Monday, August 17, 2026 at 5:00 p.m. at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: X Anil Vira, Chairman X Ryan Baker X Frank Lamia, Vice Chairman X Donna Cook X Andrew Belcher Cathy Slagle Janine Saykes, Secretary Staff: Hunter Simmons, Planning and Zoning Director; Payton Rogers, Planning & Zoning Manager, and Assistant City Clerk Jenny Opal Wilson. Chairman Vira called the meeting to order at 5:00 p.m. APPROVAL OF MINUTES Approval of the Minutes -July 20, 2026 Frank Lamia made a motion to approve minutes from the July 20, 2026, meeting. Andrew Belcher seconded the motion and the motion carried unanimously with the following vote: AYE: Anil Vira, Frank Lamia, Andrew Belcher, Donna Cook, and Ryan Baker NAY. None ABSTAIN: None OLD BUSINESS None NEW BUSINESS A. BOA26.09 Public hearingto considerthe request of the Owner, David Johnson MD, fora Special Exception for a Clinic on property zoned PUD, Planned Unit Development. The property is Located at 880 Holcomb and is Blvd, Ste 2B and is 0.45+ acres. PPIN#: 343646 Payton Rogers, Planning & Zoning Manager, presented the above request made bythe Applicant. Mr. Rogers shared the aerial and zoning maps. Most surrounding properties are in the County. The site is included in the North Village at Stone Creek Planned Unit Development which was recommended for approval bythe Planning Commission and subsequently approved bythe City Council in 2006. There have been no other Board of Adjustment cases affiliated with this site. Fairhope Board of Adjustment Minutes -August 17, 2026 Mr. Rogers stated existing conditions are a standard office building broken into a few different units. In this PUD all commercial properties are allowed to be utilized for any use allowable under B1, B2, B3, and B4 Zoning Districts. Zoning Ordinance permits clinics to be in Zoning Districts B1, B2, and 133A, but it requires Special Exception approval of this application. The Zoning Ordinance defines a clinic as a place used for care, diagnosis, and treatment of ailing, infirm, or injured persons, and those who need medical and surgical attention, but who are not provided with room or board. The Applicant is proposing a Family Medicine Direct Primary Care Clinic operating primarily via telehealth appointments. In person patients are only by appointment. Dr. Johnson has two part- time staff members. There is only 770+ square feet within the unit. Mr. Rogers stated Staff received several letters. One of which was co -signed by numerous property owners that had concerns about the type of Clinic and the services being offered as well as numerous letters from other citizens that were in support of the Clinic. All have been provided in your Staff Report package or via email. There was one over the weekend that I provided a copy of today. Staff recommends approval of the Special Exception BOA 26.09 located at 880 Holcomb Boulevard. Staff is available for any questions. Chairman Vira asked the Applicant if he would like to speak. Dr. David Johnson stated he lives at 16311 Woodacres Rd. S., Fairhope - Dr. Johnson thanked everyone for this opportunity. Dr. Johnson discussed his business as a Direct Primary Care Clinic. He stated that he would be the third physician in Baldwin County to open a clinic in this area. This is a membership style model of medicine so that patients know what to expect with no hidden fees or costs. Dr. Johnson stated his cell phone is his office line. He has taken care of thirty-one hundred (3100) patients at the Infirmary for the past eleven (11) years. Dr. Johnson is Looking to work with a small number of patients. Hunter Simmons, Planning & Development Director, stated the board approved another Direct Primary Care Clinic about a year ago at Walmart. Dr. Johnson asked if there were any questions. Frank Lamia, Vice Chairman, stated he was concerned with issues of parking and the amount of traffic turnover. Dr. Johnson stated his appointments are set for one (1) hour. One (1) vehicle per hour. Dr. Johnson and one (1) part-time staff member park in the back of the Clinic. The other part-time employee works from home. Patients will come into office for less than an hour. Dr. Johnson has four (4) parking spots. Most appointments will be over the phone. Turnover is less than a hair salon or eyelash extension office. Mr. Simmons clarified the letters that were sent out to citizens referring to the Clinic, which is a Zoning Category. A Clinic can be five hundred (500) people on a big campus or it can be a small six hundred (600) to seven hundred (700) square foot unit with one (1) employee. There are uses by right that could be here that would have a bigger parking demand and generate more traffic. Fairhope Board of Adjustment Minutes —August 17, 2026 These offices were built around 2016. No new construction. No new units operating as commercial. There have been other businesses there that generated a lot more vehicles and traffic. Andrew Belcher inquired about the hours of operation. Dr. Johnson stated the hours would be from 9:00 a.m. — 4:00 p.m. Most traffic would be in the morning with appointments, follow-up calls, and paperwork in the afternoon. Andrew Belcher inquired about medical supplies and equipment deliveries. Dr. Johnson stated he has ordered enough supplies for two years (2) which has been delivered. Chairman Vira opened the public hearing at 5:14 p.m. Ella Darnell - 789 Serpentine Dr., Fairhope - a resident of the Stone Creek Villas Subdivision. Ms. Darnell stated she is concerned with the word Clinic being used. It sounds like a walk in methadone clinic that hands out drugs. The word Clinic has a negative connotation. Ms. Darnell asked why a Variance is needed. She also stated the concern for more traffic in the area. Ms. Darnell stated the "Fairhope Medical Overlay District" is a special zoning designation centered around Thomas Hospital designed to streamline healthcare facility growth, ease property conversions, and manage surrounding commercial residential transactions that permits healthcare practices and medically related businesses to expand or locate within the zone with fewer traditional zoning hurdles. Why is this not a location option for Dr. David Johnson's Clinic? Ryan Baker appreciates Ms. Darnell's traffic concerns and the terminology of Clinic and its connotation. If the Applicant does not go into this location someone else might and could create more traffic. Ms. Darnell ask why you need a Variance. Mr. Simmons stated this is a Special Exception not a Variance. A Special Exception is a safeguard to keep out a methadone clinic. The Clinic name is a definition which has been in the Zoning Ordinance since 2005. It encompasses a wide range of what could be allowed. From a 500- square-foot dentist office to a 500-patient facility. This Board is here to decide if this is compatible with the surrounding area. Ms. Darnell asked how you assure the people what is going to happen in the location. Mr. Simmons stated that is what this meeting is for. This is what the job of the Board of Adjustment is. Ms. Patricia Litchfield, 785 Serpentine Dr. Fairhope - stated she was concerned with the Special Exception and would the next tenant require approval if they requested a Medical Clinic. Mr. Rogers confirmed a Special Exception runs only with this specific business. This approval does not continue with the property like a Variance would. 3 Fairhope Board of Adjustment Minutes —August 17, 2026 Ms. Camille Brecht, 669 Turquoise Dr. Fairhope - stated that she and the neighbors are concerned with traffic and drugs on site as a target for theft, a bus stop nearby, and the children in the area. Ms. Brecht commented that she thought there were three (3) meetings needed before an approval. Ms. Brecht aske for clarification on meetings.. Mr. Simmons stated this is a Board of Adjustment meeting, which is different than a Planning Commission meeting. Mr. Simmons clarified the process and that there is only one (1) meeting. Mr. Jim Lety, 217 Pecan Ave. Fairhope - stated he has been a patient of Dr. Johnson for the past nine (9) years and applauds him for his work and thinks we all should. Ms. Judith Steele, Secretary of HOA in Stone Creek Villas, Fairhope - requested more transparency in the letters. She was concerned that not everyone in the subdivision received a Letter. She posted the letter on the HOA website and Facebook. Ms. Steele is worried about the traffic and children. Ms. Steele has spoken with Dr. David Johnson referencing his practice and he was very polite. Ms. Savannah Hannon, 7196 Wood Acres Rd. Fairhope - voiced concern with the new Direct Primary Model. Ms. Hannon would like Dr. Johnson to share his insight on guidelines that he follows as a physician with DEA regulations and controlled substances. Chairman Vira closed public hearing at 5:38 p.m. Dr. Johnson thanked all for the dialogue and discussed how Direct Primary Care works straight with the patient, not insurance. There are no narcotics or controlled substances onsite. Prescriptions are electronic and/or handwritten that are within regulatory practice. Dr. Johnson stated he has his Alabama Medical License and DEA and has consulting privileges at Thomas Hospital where he served as Credential Chair. He is held to the same regulatory procedures and standards. Dr. Johnson also provides home visits. Dr. Johnson has followed all ADA regulations for his office. Ryan Baker thanked Dr. Johnson for answering questions. We are trying to make a judgment for a Special Exception and not to answer every question about your practice today. Dr. David Johnson asked if there are any further questions and thanked everyone. Chairman Vira asked Board Members do we have a motion or any other questions. Ryan Baker made a motion to approve the Special Exception for a Clinic for BOA 26.09. Frank Lamia seconded the motion and the motion carried unanimously with the following vote: AYE: Anil Vira, Frank Lamia, Andrew Belcher, Donna Cook, and Ryan Baker NAY. None ABSTAIN: None ADJOURNMENT 4 Fairhope Board of Adjustment Minutes —August 17, 2026 Chairman Vira made a motion to adjourn. Ryan Baker seconded the motion and the motion carried unanimously with the following vote: AYE: Anil Vira, Frank Lamia, Andrew Belcher, Donna Cook, and Ryan Baker NAY: None ABSTAIN: None Adjourned at 5:48 p.m. Anil Vira, Chairman nn O ilson, Assistant City Clerk 5 Fairhope Board of Adjustment Minutes —August 17, 2026