Fairhope, Alabama
VIOLATING ZONING LAWS
Planning Director Johnathan Smith told the Planning Commission that Emmas Bay House , 202 S. Mobile St. has been operating in violation of the zoning ordinance. Smith said the property was zoned B3A in 2004 to allow for a bed and breakfast business; but other commercial activities are being held there.
Smith: "Its now being used as a entertainment venue ... weddings, receptions, etc., ... that's not allowed in B3A." He said there are also parking and fire code issues (29 person maximum).
Smith said that if the applicant wanted to continue as an entertainment venue, the property would have to be re-zoned to B3B or B2. Even then, on site parking would require a variance (extra cars) from the Board of Adjustments; and the city council would have to approve using city parking areas (at the bluff/pier parks). (click for video)
Another bed and breakfast -- Dorgan's Inn in Pt. Clear -- was cited last summer for violating county zoning ordinances by hosting similar activities.
OWNER SEEKS GUIDANCE
Attorney Danny Calhoun spoke on behalf of owner Betty Rejczyk saying she didn't intentionally set out to violate any ordinance -- and only learned of the problem after neighbors complained. He called the Bay House a popular wedding destination that's doing a valuable service and contributing to the local economy.
Calhoun: "There are some challenges to deal with ... particularly the parking issue. She wants to continue if possible ... like your input ... how to proceed."
NEIGHBOR COMPLAINTS
A Mobile St. neighbor, Gene Labrato, complained about the noise (music) generated by events there; but conceded that it technically did not violate the city's noise ordinance -- which he felt was defective because decibel meters police use are the unable to detect low bass sounds.
Labrato called it a "nuisance to the neighborhood": "You're trying to fit 10 pounds of activity in a 5 pound bag ... its an inappropriate location."
COMMISSION MOSTLY SKEPTICAL
Members of the Commission generally expressed skepticism about re-zoning the property over noise, parking and fire code issues -- and about setting a new zoning precedent in the neighborhood.
Commissioner Clark: "The bed and breakfast morphed into something else ... I have issues ... noise ... traffic ... setting a precedent (by rezoning)..."
Commissioner Mueller called it an "uphill battle"and worried about setting a precedent in the area by rezoning as well.
Commissioner Moore worried about parking and suggested a "different area" may be better for the business.
Mayor Kant said the size of the venue was his major concern -- but wasn't exactly sure how to address it.
"If you are going to go forward ... talk to council members and Board of Adjustments ... about how to rectify it."
(The city council is ultimately responsible for zoning change requests.)
Planning Director Johnathan Smith told the Planning Commission that Emmas Bay House , 202 S. Mobile St. has been operating in violation of the zoning ordinance. Smith said the property was zoned B3A in 2004 to allow for a bed and breakfast business; but other commercial activities are being held there.
Smith: "Its now being used as a entertainment venue ... weddings, receptions, etc., ... that's not allowed in B3A." He said there are also parking and fire code issues (29 person maximum).
Smith said that if the applicant wanted to continue as an entertainment venue, the property would have to be re-zoned to B3B or B2. Even then, on site parking would require a variance (extra cars) from the Board of Adjustments; and the city council would have to approve using city parking areas (at the bluff/pier parks). (click for video)
Another bed and breakfast -- Dorgan's Inn in Pt. Clear -- was cited last summer for violating county zoning ordinances by hosting similar activities.
OWNER SEEKS GUIDANCE
Attorney Danny Calhoun spoke on behalf of owner Betty Rejczyk saying she didn't intentionally set out to violate any ordinance -- and only learned of the problem after neighbors complained. He called the Bay House a popular wedding destination that's doing a valuable service and contributing to the local economy.
Calhoun: "There are some challenges to deal with ... particularly the parking issue. She wants to continue if possible ... like your input ... how to proceed."
NEIGHBOR COMPLAINTS
A Mobile St. neighbor, Gene Labrato, complained about the noise (music) generated by events there; but conceded that it technically did not violate the city's noise ordinance -- which he felt was defective because decibel meters police use are the unable to detect low bass sounds.
Labrato called it a "nuisance to the neighborhood": "You're trying to fit 10 pounds of activity in a 5 pound bag ... its an inappropriate location."
COMMISSION MOSTLY SKEPTICAL
Members of the Commission generally expressed skepticism about re-zoning the property over noise, parking and fire code issues -- and about setting a new zoning precedent in the neighborhood.
Commissioner Clark: "The bed and breakfast morphed into something else ... I have issues ... noise ... traffic ... setting a precedent (by rezoning)..."
Commissioner Mueller called it an "uphill battle"and worried about setting a precedent in the area by rezoning as well.
Commissioner Moore worried about parking and suggested a "different area" may be better for the business.
Mayor Kant said the size of the venue was his major concern -- but wasn't exactly sure how to address it.
"If you are going to go forward ... talk to council members and Board of Adjustments ... about how to rectify it."
(The city council is ultimately responsible for zoning change requests.)
Comments
Seriously folks - GET A LIFE.
If the Planning Director, Mr. Smith wants something to work on, he should investigate why the city was a loud to take out the covert that drained the water flowing downhill to the creek so that they could put in their driveway to the fire station on Thompson Hall Rd & has now caused flooding to the residents on the other side of the road because they took out the only way for the water to escape & keep flowing to the creek. Or why at the city planning committee to rezone a housing project that we were told it was mandatory that the developer put in sidewalks in front of his houses, but yet there is no sidewalk anywhere, or why the city didn’t itself put sidewalks on Thompson Hall Rd. where fire trucks & volunteers are racing up and down the road in a residential area where lots of children live & play. Yet there are sidewalks on every road around & leading up to Thompson Hall, including in front of Wal-mart. I myself have been run off the road twice in my car by volunteers racing to get to the fire station, who never stopped or slowed down at a stop sign and made a wide turn into my lane. This is a safety issue but seems no concern to the city because Thompson Hall Rd is not a cookie cutter neighborhood.
I actually sided with the Fly Creek rest. owners bc they had a permit/license for a restaurant that can host large functions. My reasoning was that living next to a school, fire station or a restaurant, I would expect some noise to come my way. My guess is that Emma's Bay House does not have a permit for large functions. There in lies the rub.
I have a bay house that I rent out. (Have a city permit to do so and I also pay business taxes for it.) I know it is not zoned for anything else. I don't allow my guests to do anything else.
But, if my neighbors decided to hold a loud party every weekend I'd be pissed.
Ever heard the phrase "Your right to swing your fist stops the second it hits my face?" I'm thinking that applies here.
And if the city of Fairhope doesn't fine the noise offenders with some consistency, I would think it was right for its citizens to complain and get action.
There is a laundry list of positives that come out of having these events and stopping them won't do anything, but appease these select few. The noise isn't the real issue it's an individual or group of individuals who have no true vested interest other than personal.
We don't expect you to please everyone, but we are asking you to do what is right by the people of Fairhope and Point Clear. Why should you stop the local economy from receiving the revenue generated solely by these events. By not allowing these beautiful events to showcase and share with the world. The amazing views that are the bluffs throughout Fairhope and Point Clear. You are hindering tourism and the advertisement these events offer through photos, word of mouth and many other social media routes.
These events encourage our citizens to connect with and care about these locations which lead to their preservation. We have an obligation to preserve and maintain these beautiful properties! Restricting the citizens from enjoying and experiencing the beauty of these venues will not benefit anyone. Please make the best educated and considerate decision possible for the people of Fairhope and Point Clear.
Rezone these properties!!