Fairhope, Alabama
LIVING SPACE FOR OWNER
The Planning Commission approved a site plan to allow Rick Gambino to add a second-floor residence to his restaurant on S. Mobile street. Gambino said he spends most of his time at the restaurant and needed the new living space for his wife who has a chronic illness that requires his constant supervision.
A mixed use is allowed by right on the B3a zoned lot; but, since the building's footprint is already over the maximum allowed ("grandfathered-in"), the covered carport Gambino also requested could not be allowed under the zoning ordinance, according to Planning Director Smith.
Planning Commission Chairman Turner said while he personally would allow the carport, the Commission does not have the legal authority to approve it.
He could submit the carport plan to the Board of Adjustments for a variance, but Smith said in his opinion the applicable law does not recognize medical issues as hardships: grounds for a variance.
The city council must still approve the site plan, at an upcoming meeting.
LIVING SPACE FOR OWNER
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| Gambino's Restaurant plan |
A mixed use is allowed by right on the B3a zoned lot; but, since the building's footprint is already over the maximum allowed ("grandfathered-in"), the covered carport Gambino also requested could not be allowed under the zoning ordinance, according to Planning Director Smith.
Planning Commission Chairman Turner said while he personally would allow the carport, the Commission does not have the legal authority to approve it.
He could submit the carport plan to the Board of Adjustments for a variance, but Smith said in his opinion the applicable law does not recognize medical issues as hardships: grounds for a variance.
The city council must still approve the site plan, at an upcoming meeting.
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| Rick Gambino |
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