Councilman Proposes Lowering Maximum Building Height

Fairhope, Alabama



3 Minnich Court

 40 FEET TOO HIGH?

Councilman Conyers said he had received more complaints from citizens about the height of  a house under construction on S. Section Street (across from Greer's grocery) and a proposed 4 floor hotel on the northeast corner of Fairhope Avenue and Section Street.

Conyers: "We recently increased height to 40' ... with up to 3 floors ... to allow flexibility on roof design ... but it hasn't been on the books six months ... now people are saying ... what's the difference in 3 or 4 storys? "
Dec. 20 council meeting

The prime intent of the new height ordinance was to provide for something other than flat roof design; but now it seems to be a case of "giving an inch and them taking a mile."

Conyers raised the possibility of amending the height ordinance so nothing over 40' is allowed without prior approval from the city's Board of Adjustments and Appeals .... or, alternatively, returning to the previous 35' maximum.

The house under construction on Minnich Ct. off of S. Section has a rooftop terrace and elevator access/stairwell over the 40' limit, but such things are allowed by the language in the current ordinance, according to Planning Director Dyess: That property is owned by Craig and Suzanne Thornburg according to online land records.

Councilman Burrell says he wants to keep it at 40':

" I am in favor of keeping it 40’.  About five years ago, we proposed a height change that included a lot of language concerning what defined the height.   Planning never bought in, not that that was a requirement, but we wanted the Planning Commission on board.  What followed recently was a more loosely written ordinance.  In some instances, simple is not always the best route.  If you set a simple height, developers will try to fill it completely."


BOARD STILL TO CONSIDER HOTEL FLOOR REQUEST

The Board of Adjustments and Appeals will take up the request for four floors (instead of 3) at its January meeting; some sort of "hardship" (other than financial)  will need to be demonstrated for approval though.

In either case though (3 or 4 floors), building height may be up to 40'.

Matt Bowers is current owner of that property.



Proposed hotel










Comments

Anonymous said…
Councilman Burrell is correct. The 40 foot height ordinance should be left as is. It doesn't matter if you have 3 or 4 stories located within the 40 foot height ordinance as long as you don't exceed 40 feet (common sense). Fairhope is changing just like everything else in life changes. The "native Fairhopians" who bought run down buildings years ago for hardly anything have no problem selling them for outrageous prices to developers. The "native Fairhopians" who bought houses in Fairhope years ago for hardly anything have no problem selling their lots for $300K. The gentleman who paid $1.3 million dollars and would like to build an aesthetically pleasing hotel/restaurant where the clock is should be allowed to do so. 40 feet is 40 feet regardless if it's 3 or 4 stories. The developers who are investing in downtown and paying outrageous prices for property should be applauded and assisted with their endeavors. Downtown Fairhope is the hub of activity and where people want to be. We need more shops, restaurants, hotels, etc. No one wants to drive to Mobile. I suggest a couple of the council members stop focusing their efforts on harassing developers and spend more time addressing real issues that the city has (decaying streets, speeding, sewer, traffic, etc.). The Baptist Church is allowed to build a monstrosity of a building in a residential neighborhood and no one says a word. Faulkner State Junior College students take up all the parking in downtown and they (students) rarely frequent any of the eating establishments. Bank buildings are on every corner and take up prime real estate. These are the issues that need to be addressed in my opinion, not whether or not a developer who paid a "native Fairhopian" $1.3 million dollars for a postage stamp size lot in downtown Fairhope should be allowed to but 4 stories instead of 3 in an already approved 40 foot height ordinance.
Anonymous said…
I disagree with the previous poster and I strongly agree with Councilman Jimmy Conyers......."give them an inch and they take a mile". No doubt that previous poster has something on the table (and probably has sent a nice note to Burrell).
However, Conyers does care about Fairhope and I applaud his candor. I don't expect much from the rest of the COC, but please speak out so that your voice can be heard.
Anonymous said…
For the life of me, I don't understand how current scenarios at Morphy & Section, Fairhope & Section, corners across from the Post Office, the old "mattress factory", Bancroft Street at several corners, and other bland, downright trashy scenes appeal to locals? Someone comes along wanting Fairhope to thrive, and complainers come out of the woodwork to preserve some of the most unsightly, tax-less, rent-less, otherwise DEAD/USELESS structures, there are to be had. Keep it up ol'timers, and your little yesteryear will ultimately die as all other quaint li'l towns have across America. The current OWNER has a right to build within the 40 foot limit previously debated and APPROVED!
Anonymous said…
The most important thing is that regulations be enforced equally without favoritism for whatever reason.
Anonymous said…
There are tourist locations in this country that get 100 times as many visitors and the land is worth 10 times what anything in Fairhope is worth, why, because they kept the things that appealed to people in the first place original, see many a town in the North East coastal region. There's a reason This Old House is filmed there and not here.
Anonymous said…
Maybe Somebody wants to make it a B and B.
Anonymous said…
To the point about the hotel, I do not oppose a hotel in that location; however, the purchaser knew (or should have known) what the restrictions were when he or she bought the property. To come in now and request a variance epitomizes the type of bad faith from developers that residents detest and which causes residents to view all developers, even good ones, with suspicion. You know the rules when you walk onto the playing field - abide by them or don't suit up.
Anonymous said…
I'm quite sure the Post Net and non-historical empty building above it is not the primary reason people visit Fairhope. I think it's the restaurants, shops, Grand Hotel, Mobile Bay and beautiful weather. People who visit Fairhope spend money and want a nice place to stay. A nice boutique hotel would fill that void. It's well documented that vibrant small towns around the country realize a mix of older and newer buildings attract more visitors.
Anonymous said…
I so agree with previous poster and with Jimmy Conyers! The purchaser of the land was obviously pleased with the 40' 3 story variance passing.......now he/she wants to push it to 4 stories. I hope that our COC stands behind Jimmy Conyers.
Anonymous said…
One only needs to read Coastal Living or Southern Living or similar magazines to see how well documented what brings people to Fairhope, never an article on anything new.
Anonymous said…
The 3 story limit within a 40 foot height restriction was obviously not well thought out and should be updated. If you put 3 stories in 40 feet then each floor would be around 13 feet high. Who would build a hotel room/office building with 13 foot tall ceilings? A 40 foot height ordinance for the downtown central business district seems reasonable and fair. I just don't understand why everyone is so upset about putting 4 stories versus 3 stories in a 40 foot building? Again, why would anyone build 3 stories with 13 foot ceilings? Who decided that 3 stories is more aesthetically appealing than 4 stories? Makes no sense. The surrounding residential neighborhoods (Fruit & Nut/Bluffs) height ordinance is is set at 30 feet. I think an extra 10 feet height for buildings downtown for a maximum of 40 feet is more than acceptable. No one will buy and develop the very expensive property downtown unless they can get a return on their investment. Why would they? Someone in the City Council please step in and stop this nonsense about how many floors can go in a 40 foot tall building. Just change the ordinance to reflect that a building height downtown will not exceed 40 feet period and lets move on.
Anonymous said…
The reason for changing the height restriction to 40' was, according to the City Council, to provide for something other than a flat roof design so that buildings could be designed to be more visually appealing. I agree with Jimmy Conyers that we may as well go back to 35' because we are only getting taller flat rooftops.
Anonymous said…
Most people I have spoken to over this issue either don't care or tend to disagree with Councilman Conyers. Everyone seems pleased with the new buildings going up around town and have commented on the nice designs. I for one like having more dining choices. I did drive around town today and there are a lot of new buildings going up for sure. The new hotel design looks pretty nice to me though.
Anonymous said…
I hope that we will get to vote on it. I am in favor of the 40 foot limit but not more than 3 levels. I am afraid that downtown will become claustrophobic if this is not carefully carried out. It sounds like some people are very in favor; I personally have not spoken with anyone who agrees that 4 levels are okay. Maybe next election we can have a referendum or even have registered city voters stop by the City offices to sign petitions stating our preferences? I certainly hope that the unelected variance board doesn't do the same thing that they did with the Baptist Church. Almost everyone on the south side of Fels was vehemently opposed, but these guys do whatever they want.
Anonymous said…
Well said! Support the people wanting to make Fairhope better. Stop allowing the baptist church to take over the residential church.
Anonymous said…
You are wrong. Stop weighing down Fairhope and wake up!
Anonymous said…
So who decides what's better and what's not better,,,,,,,,, you