New Downtown Building Spurs Lawsuit

Fairhope, Alabama


106 Bancroft Street  (Fairhope Times photo)


ZONING VIOLATIONS ALLEGED

A neighbor has filed a lawsuit seeking unspecified damages against the city for issuing a building permit to the owners/developers of a three story multi-use building now under construction at 106 Bancroft Street in Fairhope's central business district (CBD).

thefairhopetimes.blogspot.com
Dale Zuehlke, 454 Pine Street, alleges building setback and other violations of the zoning ordinance: it should have been 10' not 3' from the Zuehlke property line on the eastern side ... and no windows on that side.

"The site plan approved January 2018 (by the Planning Commission) differs (from now) ... only a 3' eastern wall setback and windows ... (approval) not subject to public hearing."


CALLED 'THE HENRY LOFTS' APARTMENTS

The 22-unit, three story building called 'The Henry Lofts' will have 7770 sq. ft of commercial space on the first floor ... and 12,508 of residential on each of its upper floors.

Off-street parking for the residences will also be incorporated on the first floor.

'106 Bancroft, LLC' is the owner of the property; John Wise of Daphne is the registered agent.



Zuhlke residence (left) at 454 Pine Street



Zoning map of the area (light pink is B-2)












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Comments

Anonymous said…
Poor man. This is so bad all the crowded places being built where there were once just one or two structures on these lots. Shades of beach condo-building after Frederic in 1979. Oh, wait - maybe more $$ can be made with many apartments instead of one or two structures. I get it.

Just saw signs in our neighborhood regarding the property on 181 and Gayfer. It's on the agenda for tomorrow's planning commission meeting for PUD. Has anyone heard what's planned for those 75 acres?
Anonymous said…
Lawsuit aside, that building is far too large for that piece of property. Why even have a planning commission if this is the best they can do for Fairhope citizens?
Anonymous said…
This should be interesting to follow. Wonder who will win.
Anonymous said…
A 22-unit complex on this speck of property? Apparently the greed of developers and ignorance of our council have no bounds.
Anonymous said…
Just another frivolous lawsuit by trial lawyers with nothing better to do.
Anonymous said…
The lawyers.
Anonymous said…
Ugh. More negative comments from the never-change-anything crowd.

Remember what used to be there? An ratty old eyesore of a rusty metal building with two dozen half repaired cars spilling out on to Bancroft Street. The new owner is investing a fortune and improving the area, which will allow several families to enjoy living in the heart of the city -- AND he is providing off street parking, even though he is not required to do so.

But all you people want to do is complain that something is different now than it was in 1973.
Anonymous said…
Agreed that the plans change without notice and lack of enforcement on many levels.One minute it's approved the next it's a violation of set backs as well as water run off but the answer is that it is a civil matter between property owners.WHERE IS CODE ENFORCEMENT,BUILDING ENFORCEMENT.
Publisher said…
Plaintiffs are claiming there were violations; no proof has been offered yet.
Anonymous said…
To the person who criticizes those that "complain" and applauds the builder providing residences to people: the homes, as is now the course in the "new" upscale trendy Fairhope, will only be available to the wealthy or high income people. Guess that is the newcomers, not the young people who grow up here and cannot afford a home in their hometown when they are grown.

And there's nothing wrong with a place that repairs cars. Where should cars get repaired? At a hidden away place for the Mercedes and golf carts?
Anonymous said…
Are these actually for sale or are they just Air B&B's for Wise Realty? Can't imagine anyone living there. He does a great job with his rental units, much less pricy than the Hotel or the Hampton.
Anonymous said…
Tim Jackson and Lonnie Swoboda took care of our vehicles there for YEARS. Honest and integrity. Like previous poster, where are you suppose to go? These guys were home grown products and treated you right. Now you go somewhere and you don't know what kind of service/how long, etc. Don't knock them unless you tried them. Wished they were still there! Health issues took that away from them.
Publisher said…
Its our understanding these are to be apartments for rent.
Anonymous said…
What even more interesting is the cost of the $100,000.00 building permit.If the original plan noted a solid wall with no windows then that should be the stay.If windows were added then an amendment to admen is supposed to be added.
Anonymous said…
I'm confused. I know that Fairhope did not charge $100,000 for the permit (?); did the permit state that the entire cost of construction would be only $100,000? That would be fraud, wouldn't it? Please clarify, anyone? I have no position here politically and I can understand that we could use some high end apartments (not Fly Creek soon to be Section 8 crap), but I would be concerned if the adjacent property owners were lied to by the City.
Publisher said…
We attended all public meetings concerning this project; no one was "lied to" by the city or anyone else ... as far as we know.

Most of the comments in the comments section posted here by others are just opinion, not facts.

Rents for The Retreat At Fly Creek apartments are projected to be over $1K per month ... .
Anonymous said…
Section 8 "crap" is not a political position???
Anonymous said…
"Section 8 "crap" is not a political position???"

No, it's an informed, practical position-I trust. When renters have little to no skin in the game, they tend to care less about the appearance and maintenance of the property. Take a look at Section 8 housing anywhere in the country, as I have. The tendency toward shabbiness is manifest, as are increased crime rates.

Look at the data: they don't lie. The heart does, though.

So, we need to be clear-eyed when we make policy decisions, guided by reality, not feelings--balancing compassion and responsible development. The poor matter, of course, but so do hardworking taxpayers (e.g. homeowners, investors, businesses).


Anonymous said…
The "section 8" comment just confirms more of the snobbiness that is thriving in Fairhope. And in that same comment - the need for more "high end" apartments here.
Anonymous said…
The realities of Section 8 and "snobbiness" are not mutually exclusive. Moreover, public policy cannot dictate how people see the world, but it can be usefully informed by socio-econmic data, crime statistics, school system considerations, tax revenue analyses, aesthetics, infrastructure, etc.

One final note: the ceaseless carping about so-called elitism in Fairhope is boring and, frankly, reveals more about the accuser than the accused.
Anonymous said…
They need som affordable housing in Fairhope so its not just for rich people.
Anonymous said…
Housing prices are driven by land values. Because of the high demand to live close to downtown or on the Bay, obviously prices are higher in those areas. No one is going to sell something for less than it is worth; however, there are probably plenty of reasonably priced lots for sale as one gets farther away from downtown/water. Why do so many people not understand that?
Anonymous said…
It's great that the anonymous anti-carping poster had one "final" comment! He or she may be a newcomer, and doesn't know how Fairhope used to be without the elitism and pretentiousness that has become so prevalent. Who's mentioning public policy? All that would be fair is for this homeowner not have a monstrosity of "high end" apartments built a few feet from his home. He may have worked for years to purchase it back in the day where there were regular folks here, not snobs that feel the need to write about all they have done and the places they have been. That is what is quite boring! Your comments reveal more about an elitist attitude.

Those guys who used to work on cars in that location were salt-of-the-earth types as were many of the retailers and other merchants and tradespeople in Fairhope. These places are going away so rapidly, it is unreal.

Anonymous said…
"It's great that the anonymous anti-carping poster had one 'final' comment!"

Anonymous slights anonymity, or, as the Bard wrote: "The raven chides blackness." FYI: hypocrisy is not a firm foundation from which to launch an emotional tirade. True, virtue signaling populism is great rah-rah stuff in 2019. But it's just stuff. Who is writing about what they have done or where they have been? Nobody. This is pure projection.

The working man (and woman)--"the salt-of-the-earth types," as you call them--care about property values and quality of life as much (and often more) than the elitist monsters of your fever dreams. They have to, because the value of their homes often comprise the bulk of their intergenerational wealth.

So, stop with the class warfare, and if you cannot, move to Vermont or California or Illinois. Your self-regarding rage does not play here, nor does your pejorative "newcomer." Moreover, that latter rhetorical move ("newcomer") is elitism at its most retrograde, illiberal, and perverse.





Anonymous said…
Someone on here really likes themselves!
Anonymous said…
"Someone on here really likes themselves!"

Ouch! I guess it's game, set, and match to the towering wit from 5th Grade recess.

A decisive and satisfying win, no doubt--without even one "I know you are, but what am I?" or "neener, neener, neener."