Fairhope, Alabama
TONY'S TOWING STORAGE YARD
Through her representative, 231 Spring Run Drive resident Katherine Mitchell told a city council work session recently that she thought her property was not adequately screened from a car storage yard that was put in by Tony's Towing Inc. on leased land behind her property; she says drainage and other issues have arisen as well.
Mitchell's home was constructed by the Habitat for Humanity in 2008.
Last summer, the Planning Commission unanimously approved rezoning the lot -- owned by the Gaston- Lee VFW Post #5660 -- from residential (R-1) to industrial (M-1) to allow for the adjacent Tony's Towing to lease it for vehicle storage.
The commission also attached two conditions at the same time: a 10 ft privacy fence and heavily vegetated buffer be installed (or maintained) "where the subject property abuts residential property".
June 4, 2012 Planning Commission minutes:
MITCHELL PROPERTY CALLED NOT RESIDENTIAL
But, because Mrs. Mitchell's home is also zoned for commercial usage (B-4), the privacy fence and buffer requirements do not apply to her property line because they are not considered "incompatible" uses under the city's zoning laws.
The commission's requirements do not apply to the nearby Spring Run Apartments either because that property is zoned commercial as well (B-2).
The requirements for a privacy fence and buffer are only applicable on the east side where vacant property on Northchase Ct. -- owned by the Belle Chase Homeowner's Association -- is zoned R-3. No homes were ever constructed there on the common property (photo at right).
MAYOR SEEKS TO RESOLVE
Mayor Kant, who voted for the rezoning in his capacity on the Planning Commission, and Council President Burrell have met with Mitchell trying to resolve the issues.
Kant said Tony (owner Tony Wade) installed shading slats on a 6 ft. chain link fence and planted several large cypress trees along the back to screen the back of the property -- even though he wasn't required to do so (the mayor commented he wished the trees had been installed on Mitchell's side instead).
Mayor Kant: "Tony came and had it rezoned ... advertised ... had a hearing ... everybody came ... the Planning Commission said they had to screen the (east) side ... not her side ... ."
"Right now, he's conforming to all the rules we have on the books ... ."
He suggested Mitchell may want to apply to rezone her property to residential, to head off future problems.
Concerning drainage, the mayor added there used to be a small pond on the property and currently there's "nowhere for the water to go."
Kant: "There's more than one issue out there."
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TONY'S TOWING STORAGE YARD
Through her representative, 231 Spring Run Drive resident Katherine Mitchell told a city council work session recently that she thought her property was not adequately screened from a car storage yard that was put in by Tony's Towing Inc. on leased land behind her property; she says drainage and other issues have arisen as well.
Mitchell's home was constructed by the Habitat for Humanity in 2008.
Last summer, the Planning Commission unanimously approved rezoning the lot -- owned by the Gaston- Lee VFW Post #5660 -- from residential (R-1) to industrial (M-1) to allow for the adjacent Tony's Towing to lease it for vehicle storage.
The commission also attached two conditions at the same time: a 10 ft privacy fence and heavily vegetated buffer be installed (or maintained) "where the subject property abuts residential property".
June 4, 2012 Planning Commission minutes:
ZC n,AI Public hearing to consider the request of the Gaston-Lee Post #5660
Yeterans of Foreign Wars to rezone propert-v fram R-I Low Density Single Family
Residenti*l llistrict to M-l Light Industrial District, Mike Geary. The property is
located on the south side of Nichols Avenue, east of Greeno Road at 950 Nichols Avenue
and the parcel is approximately 2.9 acres. Nancy Milford gave the staff report saying the
surrounding property zoning districts are unzoned, B-2 General Business, M-l Light
Industrial, R-3 PGI{ Fligh Density Single Family Patio,'GardenH ome Residential,a nd B-
4 Business and Prcfessional Districts. Tony Wade of Tony's Towing has expressed
interest is the subject properfy for the storage of towed vehicles. Staff recommendation is
to approve conditional upon the following:
l. A 10' privacy fence r,vith a 30' heavily vegetated evergreen buffer shall be
installed w.here the subject property abuts residential property.
2. The existing heavily vegetated tree line buffer shall remain where the subject
propefiy abuts residential property"
Mr. Tumer opened the public hearing. Having no one present to speak. the public
hearing was closed. Dick Charles moved to accept the staffrecommendation to approve
conditional upon the fbllowing:
1. A 10' privacy fence r.vith a 30' heavily vegetated evergreen buffer shall be
installed where the subject property abuts residential property.
?. The existing heavily vegetated tree line buffer shall remain where the subject
propertli abuts residential property.
Jean Wilsan ?"" thc motion. Mr. Kant asked if the VFW rvoulcl be grandfathered and if
they are subdir.iding the property. Ir.{r. Smith responded -ves the use would be
grandfathered and the applicants can go thraugh the re-plat procedure tc combine a
portion cf the prapert,v with the adiacent property sinee no nelv lots will be created" The
motian carried unanimousl_vw ith the follawing vote: AYE - Tim Kant. Bob Clark, Gary
Moore, Lee Tumer- Dick Charles, Jean Wilson, and George Roberds. NAY - None.
On September 10th, the the prior city council unanimously approved the rezoning with conditions as well.
MITCHELL PROPERTY CALLED NOT RESIDENTIALBut, because Mrs. Mitchell's home is also zoned for commercial usage (B-4), the privacy fence and buffer requirements do not apply to her property line because they are not considered "incompatible" uses under the city's zoning laws.
The commission's requirements do not apply to the nearby Spring Run Apartments either because that property is zoned commercial as well (B-2).The requirements for a privacy fence and buffer are only applicable on the east side where vacant property on Northchase Ct. -- owned by the Belle Chase Homeowner's Association -- is zoned R-3. No homes were ever constructed there on the common property (photo at right).
MAYOR SEEKS TO RESOLVE
Mayor Kant, who voted for the rezoning in his capacity on the Planning Commission, and Council President Burrell have met with Mitchell trying to resolve the issues.
Kant said Tony (owner Tony Wade) installed shading slats on a 6 ft. chain link fence and planted several large cypress trees along the back to screen the back of the property -- even though he wasn't required to do so (the mayor commented he wished the trees had been installed on Mitchell's side instead).
Mayor Kant: "Tony came and had it rezoned ... advertised ... had a hearing ... everybody came ... the Planning Commission said they had to screen the (east) side ... not her side ... ."
"Right now, he's conforming to all the rules we have on the books ... ."
He suggested Mitchell may want to apply to rezone her property to residential, to head off future problems.
Concerning drainage, the mayor added there used to be a small pond on the property and currently there's "nowhere for the water to go."
Kant: "There's more than one issue out there."
(NO ANONYMOUS COMMENTS FOR THIS POST ONLY. PLEASE. USE OUR FACEBOOK AND TWITTER PAGES INSTEAD)