Fairhope, Alabama
EAST FAIRHOPE SUBDIVISION DISPUTE
During its February meeting, the Planning and Zoning Commission voted 6-1 to recommend rezoning 4.3 acres of property in the vicinity of 8725 Morphy Avenue from medium density residential (R-2) to high density residential (R-3). The rezoning would eventually permit more than the current nine lots there, possibly up to 20.
According to plantiff's attorney Daniel Blackburn, the rezoning is part of a settlement agreement in the works to a 2014 lawsuit brought by Doris Faust Callies and others against the City of Fairhope, Planning Commission, and various other Faust family members living on Beecher Street ... concerning the Callies' family subdivision request on the street's far south end.
Blackburn said the complex case began in 1999 when Bill Callies' request for rezoning (R-1 to R-2) was granted by the city council at that time; but it "came to a head" in June of 2014 when Callies attempted to sell lots but was prevented when it was discovered the subdivision had never been formally approved by the city's Planning Commission.
A subsequent request to subdivide later that year (November) was turned down by the city's Planning Commission, due to objections from numerous other Faust family members living there worried about increased traffic and required modifications to Beecher Street (width increased, drainage, sidewalks, etc).
INCREASED DENSITY FOR ACCESS FROM MORPHY PROPOSED
Waving a letter of support from Tommy Faust, the representative of Faust the defendants, Blackburn said a deal had finally been worked out to support increased density for the 'Callies division' property ... in return for construction of a new access road from Morphy Avenue, eliminating objections to increased traffic on Beecher.
The city's defense attorney Matt Mcdonald also referred to the letter from Tommy "on behalf of the family" supporting the rezoning and denser subdivision proposal ... as long as it is accessed from Morphy Avenue not Beecher Street.
Mcdonald: "The 'Callies division' will be accessed from Morphy (new street to be constructed); the 'Faust division' from Fairhope Avenue (using Beecher)."
(Tommy Faust made similar comments in person at the previous meeting in January; the issue had to be tabled until February when questions arose and no representatives for the plaintiffs were present then to provide answers.)
PASSED BUT COUNCIL STILL MUST APPROVE IT
The Planning Commission voted 6-1 to recommend approval of the rezoning to the city council; Peterson objected over pedestrian connectivity concerns.
If the rezoning is approved by the city council, the new (denser) subdivision will still have to be approved by the Planning Commission, per city subdivision regulations, to complete terms of the settlement.
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| Daniel Blackburn, plaintiff's attorney |
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| Parties involved |
EAST FAIRHOPE SUBDIVISION DISPUTE
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| Subject property looking north |
According to plantiff's attorney Daniel Blackburn, the rezoning is part of a settlement agreement in the works to a 2014 lawsuit brought by Doris Faust Callies and others against the City of Fairhope, Planning Commission, and various other Faust family members living on Beecher Street ... concerning the Callies' family subdivision request on the street's far south end.
Blackburn said the complex case began in 1999 when Bill Callies' request for rezoning (R-1 to R-2) was granted by the city council at that time; but it "came to a head" in June of 2014 when Callies attempted to sell lots but was prevented when it was discovered the subdivision had never been formally approved by the city's Planning Commission.
A subsequent request to subdivide later that year (November) was turned down by the city's Planning Commission, due to objections from numerous other Faust family members living there worried about increased traffic and required modifications to Beecher Street (width increased, drainage, sidewalks, etc).
INCREASED DENSITY FOR ACCESS FROM MORPHY PROPOSED
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| Tommy Faust (January meeting) |
The city's defense attorney Matt Mcdonald also referred to the letter from Tommy "on behalf of the family" supporting the rezoning and denser subdivision proposal ... as long as it is accessed from Morphy Avenue not Beecher Street.
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| City's attorney McDonald |
(Tommy Faust made similar comments in person at the previous meeting in January; the issue had to be tabled until February when questions arose and no representatives for the plaintiffs were present then to provide answers.)
PASSED BUT COUNCIL STILL MUST APPROVE IT
The Planning Commission voted 6-1 to recommend approval of the rezoning to the city council; Peterson objected over pedestrian connectivity concerns.
If the rezoning is approved by the city council, the new (denser) subdivision will still have to be approved by the Planning Commission, per city subdivision regulations, to complete terms of the settlement.
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| North is up |
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