North Mobile Street House Built in Wrong Place

Fairhope, Alabama thefairhopetimes.blogspot.com 

 

 

657 N. Mobile Street.

VARIANCE SOUGHT

After hearing from city staff and attorneys on both sides of the issue, the city's Board of Adjustments decided not to allow a  variance for a new home being built at 657 N. Mobile Street for owners Robert and Melanie Roberts that violates the city's zoning ordinance.

It became apparent recently that a porch in front and a walkway on the side are within the required "setbacks" from property lines, triggering a "stop-work" order from the building department,  according to planning director Simmons. 

The attorneys (one representing neighbors) pointed to various possible sources for the error including the property owners themselves, the now-bankrupt contractor, subcontractors, and the city itself; but a missing (or overlooked?) survey prior to a building permit being issued for pouring of the concrete slab seemed to be the prime suspect, according to the consensus of opinions.

CITY STAFF "SYMPATHETIC"

In their recommendation for denial on purely technical grounds, the city's staff found that "the current conditions are self-created hardships, even though they may be caused by an agent or agents. Being clear that financial difficulties are not reasons for a variance, Staff does not feel there is an “unnecessary hardship” that specifically relates to the land rather than personal circumstances."

This old Volanta Subdivision neighborhood has been the place for numerous zoning disputes over the years, partly because of confusion about an un-opened park and right of way along the bay under the bluff. Some of the lots are actually split into two segments with the city park in between; the front of the houses face the bay side, not Mobile Street.

APPEAL COMING?

Board of Adjustments case decisions may be appealed to circuit court.

Park land in green.