Popular Fairhope Restaurant Was Operating Illegally

Fairhope, Alabama




'SPECIAL EXCEPTION' GRANTED TO CONTINUE

During it's November meeting, the city's Board of Adjustments and Appeals unanimously granted a 'special exception' to zoning regulations for a restaurant at 552 N. Section Street where Ben's Jr Bar-B-que has been operating for many decades: restaurants are only allowed in the B-1 zoning after obtaining a waiver from the board (that never happened for unknown reasons).

Owner Kenneth Lee said he has been operating there since the 1980s and there were other restaurants there before his.

Lee: "As far as I remember it has always been a restaurant."

City planner Wayne Dyess recommended that the exception be granted given the long history of the business there; he stipulated that it would "run with" the property forever.

When asked by a board member if the B-1 zoning preceded the restaurant, Dyess said he could not verify that but it "probably" did; another asked if a bar could locate there if  the waiver were granted and was told only as a part of a restaurant.

Unconfirmed reports indicate the restaurant may be for sale.


Fairhope Board of Adjustments









Comments

Anonymous said…
I would not want to live near it and have to smell BBBQ all day long.
Anonymous said…
It was the right thing to do! The aroma would be welcome where I live.
Anonymous said…
It was the Better Burger in the 60's and you could only order at the window. No inside dining. Sounds like Fairhope government is behind the power curve on this one.
Anonymous said…
hope somebody will fix up the god-awful-ugly building!
Anonymous said…
The shabby exterior of that place is perfectly coordinated by Greyhound Bus station look and ambiance of the interior.
Anonymous said…
first off it was a drive inn in the 60s. second, its been open LOOONG before people drifted down 65 and 10 and decided to land here and try and change things. third, even between better burger and bens we probably didint HAVE zoning. the way it looks is part of its character and charm. there are enough hoity toity restaurants that open and close every few months while bens has been around what 40 years? its a barbque stand. its a good place to go and eat lunch for 6 bucks. and they are slammed packed every day for lunch. its used to be full of local WORKING folks at lunch who were smart enough to order the special and get in and out in less than an hour. i have heard the rumor it is for sale too, fairhope looses when it closes. it can operate cause the building is paid for and the operator owns it , rather than leasing space from someone else. which is really the way you aRE SUPPOSED TO OPERATE anyway. name another restaurant thats been around that long. and i dont think he did the money grab for b/p money like all the other restaurants did.
Anonymous said…
Typical new fairhopian response.
Anonymous said…
Ben's had a place on the Causeway YEARS ago. I was laid up with a broken leg and my father in law drove all the way over there just so I could have a Ben's BBQ. This place was known as Ben Jr's. What is the big deal? It is iconic to Fairhope. I am so sick and tired of these nay sayers putting down an establishment. Do they pass the health inspections? I'm sure they do. Probably better than some of these other " " places in town.
Blogger said…
Typical of lemmings today. Complain about a completely unique, local and delicious eatery and suggest that a bland hip chain like another broken egg be brought into town instead. Keep complaining about everything and follow the people in front of you off the mountain of uninspiring mediocrity.
Anonymous said…
the Food was horrible I ate there once and was so embarrassed because I had out of town guest. It was embarrassing. All of the smoke too was annoying
Publisher said…
Smoking tobacco in public places is limited by Alabama law: Title 22 Chapter 15a.
Anonymous said…
Smoke was from barbecue it was nonstop, even when you try to go to the loft

Anonymous said…
Smoke? From a BBQ restaurant? You sur, or ma'am are an idiot. I hope you enjoyed your mcRib
Anonymous said…
OMG! How stupid are these people? Ben's has been there a lot longer than that quacky "Loft" coffee dive. What do you expect?
Anonymous said…
Right on. I remember Better Burger. Take out only. The dime a dozen over priced tourist establishments come and go. Ben’s..Jam packed with the workin’ class that need to get back to the job. I remember Fairhope before they poured in from 10 and 65 as well..Ben’s...Character, charm, UNPRETENTIOUS..right on. RIGHT ON!
Anonymous said…
Ben's parking lot is jammed full every day that it is open! I have picked up sandwiches, etc there many times to take out and the place is slammed full. I have never noticed any smoke.......it is a Fairhope classic and, if it closes, a lot of people will certainly miss it!
Anonymous said…
Prior to the relocation of Ben's B B Q from the cause way in after it was destroyed by Hurricane Frederic,the location was three different restaurants.As for the coffee loft it was originally built by Jr Food Stores as their design was always a concrete structure.If the new planning and zoning officer was really interested in doing his job it would recommended that he consult with the building dept as well as the newly hire fire inspector and enforce current regulation of ADA compliance by engineering throughout the city.Example,the doors at the Bucks dinner are locked in the front to accommodate their desire to have an illegal wooden door at the south entrance as the commercial door os locked preventing fire extraction or ADA compliance,the ceiling in Gambino's is made of leftover card board egg crates painted black.It is said they ae grand father clause by date yet they are ALL within the FIRE District mandate.The city doe NOT have the required ADA parking,public bathroom facilities. Not every building can be renovated or torn down,yet the lack of enforcement is quite exceptional.Many of these have been signed off or over looked.What we really need is a real city Mayor and Counsel that actually does their jobs.
Anonymous said…
Can’t decide what is more horrifying than the other....bland hip chains or uninspiring mediocrity...RIGHT. ON.
Anonymous said…
As we pour into Ben’s on the daily....surrounded by our beloved shabby Greyhound Bus exterior and our perfectly coordinated “ambiance” of the interior filled to capacity with our working class...grateful for our memories of pre-pretentious Fairhope, Alabama...we are most grateful you and those you perfectly coordinate with..are dining elsewhere...
Anonymous said…
BBQ = you all Blease Be Quite
Anonymous said…
If you don't like Ben's BBQ then guess what?! Fairhope doesn't like you either. Go have lunch at all of the crappy, over priced "restaurants" in Fairhope - they all suck. It's sad to me what Fairhope's "local flavor" has become - over priced coffee, frozen seafood and $12 salads that I wouldn't feed to a farm animal let alone pay for. One can only hope that Mr. and Mrs. Tesla and all of the overgrown SUV-driving a-holes discover another piece of paradise to destroy with their Prada carbon footprint.
Anonymous said…
Wow, a lot of strong opinions here. I thought Ben's was ok, nothing special, but nothing to complain about either. I hope the next entrepreneur creates a place that is as good, or maybe even better. That would be great! But time marches on and we're going through it together. Be nice y'all.
Anonymous said…
Well said! Please leave Fairhope alone! We the people have been here a lot longer than you! That is what makes Fairhope unique. Not the upscale coffee spots, etc. Please leave before you REALLY ruin Fairhope.
Anonymous said…
Oh my what a bunch of old cranky people. To the old person that called me an idiot Ha ha very intelligent choice of words. Actually a lot of the above comments sound to be the same person over and over. Yes , the smoke was horrible. As for the coffee loft....the best coffee in town. I bet I have seen youin there. As I have seen half of the people in Walmart that rode around with bumper stickers... no Walmart in Fairhope
Anonymous said…
To well said, Leave Fairhope alone???? Upscale coffee shops?? I guess you like going to the coffee/ice cream shop downtown that has freezer burnt ice cream and coffee that is premixed like a convenient store. I paid 5 dollars 10 yrs ago at this place and watched the girl pour from one of those gas store latte machines. At the loft they make it to order with fresh ingredients and the owner is so down to earth. Get to know your town before you rant.
Anonymous said…
The above is all the same person. Obvious
Anonymous said…
yep - same two people back and forth. Why don't you two both shut up!
Anonymous said…
I say you are included- you keep coming back. So you need shut up as well 🤪.
Anonymous said…

curmudgeon
Anonymous said…
Redneck go eat some bbq
Publisher said…
Comments have been suspended.
Anonymous said…
Maybe the city needs another zone there for the spa district, or maybe the alligator skin shoe district?