Fairhope, Alabama
VARIANCE REQUEST GRANTED
A house in the Quail Creek neighborhood that is being built closer than allowed by zoning regulations to a neighbor's got conditional approval to continue from the city's Board of Adjustments and Appeals during its December meeting.
Board members present:
A 10' setback is required by code, but only 7.1' was constructed so a variance of 2.9' was requested.
The surveyor, Poly Surveying, claimed faulty equipment caused the problem (software); but the city's planning department could not recommend approval of the variance request because it did not meet the "unnecessary hardship" requirement condition of the applicable ordinance.
Planning Director Dyess said he "sympathized" with the situation, but had to adhere to the criteria in the ordinance to "uphold the integrity of the variance process and treat everyone who applies the same way." Dyess added that "self-created hardships" do not qualify for variances.
Variance approval criteria per the zoning ordinance:
The board required that a fire wall be installed on that side as a condition of approval; if the waiver had not been granted, the size of a bedroom on the south side would have had to be reduced. MGA Construction is the builder and Richard and Diane Good property owners.
QUESTIONS ARISE ABOUT OCTOBER'S MEETING
The board approved the minutes of its last meeting (October, 2017) but the Times can find no evidence it's agenda was properly advertised or the public given notice: a technical violation of state law concerning conduct of public meetings.
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| 233 Divot Loop |
VARIANCE REQUEST GRANTED
A house in the Quail Creek neighborhood that is being built closer than allowed by zoning regulations to a neighbor's got conditional approval to continue from the city's Board of Adjustments and Appeals during its December meeting.
Board members present:
- John Avent
- E. Richard Schneider
- Cathy Slagle
- Troy Strunk
- Christina Stankoski
- (member Anil Vira was absent)
A 10' setback is required by code, but only 7.1' was constructed so a variance of 2.9' was requested.
The surveyor, Poly Surveying, claimed faulty equipment caused the problem (software); but the city's planning department could not recommend approval of the variance request because it did not meet the "unnecessary hardship" requirement condition of the applicable ordinance.
Planning Director Dyess said he "sympathized" with the situation, but had to adhere to the criteria in the ordinance to "uphold the integrity of the variance process and treat everyone who applies the same way." Dyess added that "self-created hardships" do not qualify for variances.
Variance approval criteria per the zoning ordinance:
The board required that a fire wall be installed on that side as a condition of approval; if the waiver had not been granted, the size of a bedroom on the south side would have had to be reduced. MGA Construction is the builder and Richard and Diane Good property owners.
QUESTIONS ARISE ABOUT OCTOBER'S MEETING
The board approved the minutes of its last meeting (October, 2017) but the Times can find no evidence it's agenda was properly advertised or the public given notice: a technical violation of state law concerning conduct of public meetings.
 |
| December 2017 Board of Adjustments meeting |
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