Mobile Board of Adjustment Meeting – September 8, 2025
Mobile Board of Adjustment Meeting – September 8, 2025
The Mobile Board of Adjustment convened on September 8, 2025, at 7:00 PM to consider variance requests and holdovers. The meeting was called to order by Chairman William Guest with a full quorum of seven regular members and two supernumeraries present. One application (6696 for 3755 Cottage Hill Road) was withdrawn before discussion. The board approved two extension requests, granted several variances with conditions, and addressed procedural matters regarding supernumerary attendance.
Consent Calendar
- The agenda was approved as presented by unanimous voice vote.
Public Comments & Testimony
- No public comments were provided for any application on the agenda.
Discussion Items
- 6675 – 264 and 300 North Ann Street / 1303 Adams Avenue (Holdover): Applicant Jason Caffey and Kirsten Barnes requested a variance to allow a thrift store with four apartments and off-site parking in R1/R2 districts. The applicant stated the property was acquired in its current condition and improvements would add affordable housing. Staff noted online comments were negative, but positive support was received at the prior meeting. The board discussed the need for compliance with landscaping, tree plantings, and residential buffer requirements.
- 6683 – 357 Coventry Way: Applicant Daryl Thomas and Charles Zuntalk originally requested a variance for a duplex in an R1 district but later withdrew the application after stating they intended to keep the property as a single-family dwelling and only modify the entryway and balcony.
- 6537/6205 – 2600 Burden Lane: Applicant Stephen Harvey (McDowell Knight) requested a one-year extension for a previously approved variance due to delays from the U.S. Army Corps of Engineers wetlands delineation process. The board approved a 12-month extension.
- 6662/6549 – 720 Museum Drive: Applicant Kathy Sherman (Burton Property Group) requested a one-year extension because the variance was set to expire October 7, 2025, and the property closed on August 21, 2025. The board approved a 12-month extension.
- 6693 – 1868 Government Street: Applicant Dr. Sharon Emer, on behalf of Kimball Motors, requested a variance to allow an office for wholesale automobile sales in a B-2 district. The applicant explained no vehicles would be stored on-site; the business would operate online. The property owner, Nick Catranis, confirmed the lease restricts use to office only. The board approved the variance with the condition that the space be used for office purposes only and no vehicles be delivered, stored, or sold on the premises.
- 6694/6163 – 4568 Halls Mill Road: Applicant Jennifer Jackson requested a variance for an electronic message sign within 300 feet of residentially zoned property. The sign would be double-sided, parallel to the road, and used as a parent communication tool for a private school. Board members raised concerns about light intrusion into nearby homes. The applicant agreed to have the sign go dark after dark. The board approved the variance with the condition that the sign not be activated, lit, or otherwise used after dark on any day.
- 6695 – 4255 Cottage Hill Road: Applicant Catherine Clark requested a fence variance to allow a six-foot aluminum fence (originally proposed as eight-foot) within the front yard setback at Cottage Hill Baptist Church, which operates a school with approximately 400 students and faculty. The fence was proposed along Demetropolis Road and part of Cottage Hill Road, but staff noted the board only has authority over the portion within one foot of the property line along Demetropolis; the Cottage Hill portion requires a non-utility right-of-way agreement. Board members discussed allowing concrete columns to exceed six feet for caps. The motion approved a six-foot fence, allowed columns to exceed six feet by one foot for brick and cap, and required necessary permits and a right-of-way agreement for any fence in the right-of-way.
- 6697 – 4006 Old Shell Road: Applicant Josh and Margie Friedman requested a rear yard setback variance to allow a building addition within 5.5–5.7 feet of the rear property line (including overhang) in an R1 district. The house was damaged in a fire, and rebuilding with a pitched roof (instead of flat) would address standing water and mosquito issues. The addition would also allow a fully enclosed garage to prevent theft. The three adjacent neighbors expressed support. The board approved the variance with conditions requiring gutters and downspouts on the north side, all necessary permits, and full compliance with code.
Key Outcomes
- 6675 – Approved (vote: unanimous aye) with conditions requiring compliance with landscaping, tree plantings, and residential buffer.
- 6683 – Withdrawn by applicant.
- 6537/6205 – Approved (vote: unanimous aye) for a 12-month extension.
- 6662/6549 – Approved (vote: unanimous aye) for a 12-month extension.
- 6693 – Approved (vote: unanimous aye) with conditions: office use only, no vehicles delivered, stored, or sold on premises.
- 6694/6163 – Approved (vote: unanimous aye) with condition: sign not activated, lit, or otherwise used after dark on any day.
- 6695 – Approved (vote: unanimous aye) for a six-foot fence with columns up to seven feet, subject to obtaining necessary permits and a non-utility right-of-way agreement for any fence in the right-of-way.
- 6697 – Approved (vote: unanimous aye) with conditions: gutters and downspouts on the north side, all permits and full compliance.
- The board discussed improving communication with supernumeraries about whether their attendance is necessary when a quorum is already present.
Meeting Transcript
Good afternoon, everyone. We're gonna call the September 8th City Mobile Board of Adjustment to order. Uh let me go through kind of a series of rules and I would ask that those of you in the audience and the board members turn your cell phones to either silent or off so that we don't have a distraction. If you have any handouts that the board is uh supposed to have, if you'll make sure staff gets those early so we don't have to stop and disseminate them. So let me go through some of the basic rules, and then we'll uh do roll call. First, uh, as the agenda item is called, the applicant will come to the podium, give us their name and address for the record, and then they'll have a five-minute time period to give their statement why the board should consider their variance request, and then a total of four people, either in support or opposition, will have a chance to speak. And um, if we ask questions, I may elect to allow the time to extend, but there's a five-minute per speaker rule normally, and then the applicant gets another two-minute rebuttal for any questions or comments that may have come up during those statements. And if you will, direct your comments or your statements to the board, not to the staff or someone in the audience. And uh if we have to ask somebody to come back up, we'll do so and just give us some time regarding that. If you have questions regarding the board's decision, um, well, first of all, the board will make a decision after all the statements are made and we close the public hearing on that application. If there's any questions regarding the board's decision, you can call the planning department at 251 208 5895 and they'll provide assistance, or you can wait after the meeting if you need guidance on your application. Um, as you come up to the podium, keep your comments pertaining to the issues of the application, not to things that are unrelated. Um, I'll have to intervene if that's the case. And then if a board member should determine that they have a personal reason financially that they have to recuse themselves. We have two supernumeraries, Mr. Atchison and Mr. Williams, that both can cover in their absence. And we'll see if there's anything else I need to make. It takes uh five members to affirm a motion to approve an application. If we fail to get a five vote majority in support of an application, the mo the application fails. And let's see here. If there's any questions regarding the board's decision, there can be an appeal to circuit court. Once again, cell phones to be silent and turned off, and remind all the board members to turn their mics on when they speak and talk directly into the mic. All right, with that, I'm gonna call a roll call and then we'll get started. Mr. Metcalf. Mr. Golden, Mr. Milling, Mr. Carroll, Mr. Morrill, or excuse me, Morris, Miss Farrell, Miss Mr. Atchison, Mr. Williams, and I'm William Guest. So we have a quorum. We have at least seven normal regular voting members and two of the supernumeraries here. So we have a full quorum and we can proceed. And with that, uh chair entertain a motion to approve the agenda as presented today. I have a motion to approve. Do I have a second? I have a second. Any further discussion? All those in favor say aye. Aye. Anyone opposed? Okay, you gotta remember to turn your mics on, folks. I I think a couple of you I didn't hear your motions. All right, the agenda is approved as presented. I will for the benefit of those in attendance announce that application eight, which is regarding 6696, or excuse me, 6696 regarding 3755 Cottage Hill Road, has been withdrawn. So if any of you were here for that application, either in support or opposition, I'll give you time to leave. I don't want to waste your time and you think it's still on the agenda.
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