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.

Okay.

With that, we'll start with the agenda as presented.

First one's a holdover, which is 6675 regarding 264 and 300 North Ann Street and 1303 Adams Avenue.

If the applicant will come to the podium, please.

Good afternoon.

And you'll have to pull the mic up or down so that we can hear you.

Your name and address, please.

She'll actually be speaking for us.

I'm partially deaf, so I can't really understand or hear you.

You see an address.

Jason Caffey.

Jason Caffey, 2603 Royal Down in Court.

Uh Montgomery, Alabama.

Kirsten Barnes, uh 2603 Royal Down in Court, Montgomery, Alabama.

Okay, thank you.

Uh this application, which was hold over, was a use in off-site parking various allowed thrift store with four apartments and off-site parking in R1, uh single family residential urban R2 in R2, uh two-family residential urban district.

The unified development code does not allow thrift store within four apartments in off-site parking in R1.

So can you tell the board why we should consider the variants?

Yeah, pull the mic to you, please.

Um we would like you to consider the variants because it will add some affordable housing to the area.

Uh, when we acquired the property, it was already that way, it just hadn't been zoned that way.

And so we have made some improvements to the area, and we just want to continue to be able to do that, and this uh zoning will allow us to do that.

Okay.

Any questions of the board for the applicant?

Turn your mic on, Mr.

Carroll.

Mine's good.

Yeah, if you'll give us a second.

Test test.

There we go.

Have you got any neighborhood responses yet?

Uh from for what you're doing.

Uh we've received uh positive response, but the city you know mailed out notices to everybody in the area.

And uh the only online comments we had were negative, and we've also had our people, you know, no inquiring about you know what we're going to be doing there.

So do we have those responses?

We did receive some comments in support of the application.

A copy of them is on your uh iPad uh from the last meeting.

We did not get any additional comments for this meeting.

Okay, Mr.

Carroll, any further questions?

I've got a question, Mr.

Chairman.

Have y'all read the staff's report that they sent out?

Because I guess this was held over last time to obtain some additional parking, which you did and got a lease to do that.

Um, but then it also at the end says that um that some of the things that you're not in compliance with from looking at the site plan felt like with maybe further detail on the site plan that you could provide for required landscaping, tree plannings, residential buffer, etc.

Have y'all seen that?

Or if if you have, is there a reason you're not doing that?

Uh we saw these things, and those are some things that we didn't know if we needed to address, you know, prior to coming back or uh once we were approved, if that was sort of you know a conditional type of thing, but we're uh willing to comply with with all of the recommendations.

Okay, any further questions of the board for the applicant?

No question for staff, Mr.

Chair.

Um, do we have any information about what the surface is on these two pieces of property that would be used for parking?

Are they raw?

They're dirt, grass, what are they?

I believe they are uh both currently undeveloped, so there's no surfacing at the time, but when they uh come to uh staff for permits, they will be required to surface them uh with a compliance circuit.

Okay, so they're not asking for any any uh service variants.

They'll they'll have to comply.

They did not have any of those requests in their application.

That is correct.

Thank you.

Okay, any other questions of the board?

Okay, do we have anyone here either in support or opposition to this application today?

All right, thank you.

If you'll have a seat, uh discussion of the board comments, Mr.

Chairman.

I'll make a motion to approve um subject to the findings of fact, uh, but also conditioned upon uh requiring uh the additional compliance uh with required landscaping tree planning um and uh residential buffer.

Okay, I have a motion with conditions.

Do I have a second?

Second second have a second.

Any further discussion?

All those in favor of the motion say aye.

Aye.

Anyone opposed?

Okay, motion carries.

Good luck with your project.

All right, application 6683 regarding 357 Coventry Way.

If the applicant will come to the podium, please name and address for the record, please.

Good afternoon.

My name is Daryl Thomas, uh, 350 new Coventry Way, Mobile Alabama 36605.

Okay.

Charles Zuntalk, 357 Coventry Way, Mobile on Obama.

Okay, and so you're asking for a variance to allow a duplex in R1 single family residential suburban district, unified development code does not allow a duplex in R1.

Um, you want to tell the board why we should consider that?

Well, we um reconsider the duplex because of the single family area, and we did get some petition regarding that matter saying that they do not want uh duplex in the area, so we want to keep it as a single fellow family drilling.

We just want to um remove the uh the entryway from the side to the front and uh concrete and redo the balcony and let it stay as a single felon drilling.

Okay, so staff do we need to have a variance request for this or can they withdraw?

Uh it uh let staff answer, please.

Yeah, if they are not wishing to change the use of the site and they want to keep it as a single family residential, then I would suggest that they withdraw their application and then just make permit applications to make any changes they wish to make.

Okay, I think that resolves the situation.

Yes.

So if you'll formally request that the application be withdrawn, then we'll consider this done for today.

Okay, all right, good deal.

Okay, so you wish to withdraw your application.

Withdraw the application and uh we'll resubmit for the single family drilling to remove the entryway from the side to the front.

All right, well, thank you.

All right, all right, have a great day.

All right.

You as well.

Do we have anyone that was here for that application?

That would okay, all right.

We'll give you a chance to leave because I don't think there's anything for you to provide a statement.

All right, go to the next applications 6537, 6205 regarding 2600 burden lane.

If the outfit will come to the podium, good afternoon, Stephen Harvey, 11 Northwater Street.

I'm with the firm McDowell Knight.

Uh this is our this was granted this approval um I think a couple of years ago when we still had the property under contract.

It's a big piece of property, 160 acres.

It borders three mile creek.

This is our third request for an extension, but there's a reason for that.

This this land borders three mile creek, so there are a lot of little creeks or tributaries or ditches that run through the property, and there's a good good many wetlands on the property.

So before we can submit a site plan to get a permit, we have to have a wetlands delineation done through the Corps of Engineers, and we filed our application for that June of last year.

It's just been a very very long process.

The Corps just last month issued a wetlands delineation approval or jurisdictional determination for the eastern part of the of the property.

Um, and so now we can move forward with preparing a site plan and applying for a permit.

I filed um, and I think you should have there a letter from our environmental consultant and from our engineers explaining the situation.

But the core has been very slow.

There was a Supreme Court case a couple of years ago which changed the definition of wetlands, they've had to redo all the regulations, and it's just it's just been a mess, I think.

Right.

Okay, any questions of the board for the applicant?

All right.

If we could, I'd like to get another one year extension just because I just don't know what's gonna happen with the core.

Okay.

Umce again, any questions of the board?

All right, anyone either in support or opposition that has anything to add today?

That'll con thank you.

That'll conclude our public hearing.

The applicant's asking for an extension.

Upwards of uh 12 months based on the regulatory um process.

So if the board should make a recommendation to approve the extension, that should be considered.

All right, with that chair entertain a motion, Mr.

Chair.

I'll make a motion um to extend the uh approval through a year for a 12-month period, right?

Okay, I have a motion to approve the extension.

Do I have a second?

Any further discussion?

All those in favor of the motion say aye.

Aye, aye, anyone opposed?

Okay, motion carries.

Good luck with your project as well.

All right, application 6662, 6549.

This is for 720 Museum Drive.

Good afternoon.

I'm Kathy Sherman with Burton Property Group here on behalf of um this property.

We um obtained approval back in April of this year for our variants.

Um at that time we were still in due diligence and had the property under contract.

We closed on the property um August 21st, and this variance is set to expire October 7th.

So we're seeking a one-year extension since we just closed on the property two weeks ago to put together our plans and be able to move forward.

Okay.

Any questions of the board for the applicant?

Yeah, did you give your address for the record?

Oh, no, sir.

I'm sorry, it's um 41 West I 65 Service Road North Suite 310, Mobile 36608.

Okay, all right.

Thank you for that.

Do we have anyone in the audience that would like to speak either in support or opposition to the request for the extension?

All right, that'll conclude our public hearing regarding this application and request for extension.

Chair entertain a motion, chair.

I'll move to approve the extension.

12 months for a 12-month period.

And do I have a second?

A second.

I have a second.

Any further discussion?

All those in favor of the motion, say aye.

Aye.

Anyone opposed?

Motion carries.

Good luck with your project as well.

All right, application uh 6693.

This is for 1868 government street.

If the applicant will come to the podium, please.

Good afternoon.

Good afternoon.

If you can probably pull that mic up a little bit, your name and address, please.

Yeah.

Dr.

Sharon Emer and Representative Kimball Motors at 1868 Government Street.

Okay, and you're requesting a variance to allow an office for a wholesale automobile sales in a B-2 neighborhood business urban district, unified development code.

Does not allow offices for wholesale automobiles sales in a B-2.

You want to tell us why we ought to consider otherwise?

Because uh it's actually just another office um addition to what's already there.

It was office-based previous uh by um I think it was Africa.

I mean Africa Africa, Africa Town Redevelopment Corporation was there.

Um that's basically he just wanted to put his office there.

He actually have I had the business next to it.

He owns the A and K computer shop, which is adjacent to that as well.

Okay, and the auto actual storage is located elsewhere.

Where is the automobile stored?

He actually won't be stored because it's good.

It's wholesale basically most gonna be online.

He just needs this is for a corporate office.

He has to have a corporate office.

Okay, all right.

Questions of the board for the applicant?

All right, thank you.

Is there anyone either in support or opposition today?

Yes, hold on.

I'm sorry, I did have a quick question.

Is this business currently in operation?

No, it'll give me a new business.

He couldn't he couldn't open it because we he had to get the variance to get approved to get the business license.

Okay, yes.

All right, thanks.

Okay, the owner of Mr.

Katranis is here as well.

If he would like to make a statement, chair I have a yes, question for the applicant.

Ms.

Angram, Dr.

Ingram?

Pardon me.

I have a quick question here.

The um where will where will the vehicles be stored?

But he won't actually have the vehicles won't be stored.

He's asked it's going to be doing wholesale, uh buying them from like the Austin and shipping them overseas.

Okay.

So then zero vehicles kept on site.

Zero vehicles and no vehicles be stored there at all.

Okay.

Your name and address, sir.

I'm sure everybody got my letter.

Uh we've been using this space for law for uh office space only.

First of all, it's on it's on government street, and it really has no parking.

The park is in back on Airport Boulevard.

My name is Nicotranis.

I own this for many years.

I owned a lot in the loop.

I had a restaurant there, and I had invested a lifetime savings in the loop area.

I would not jeopardize my property because of something else.

And what he would do, buy cars, would not store him there, and we'll ship him to Africa in his hometown.

Uh that I say if anybody knows me, you know what I have done for the loop area, and I would not jeopardize that.

I want to thank you for your consideration.

Just for the record, can we get your sir?

Can we get your address for the record?

It's gonna get the address.

Huh?

Your name and address.

My name is Nick Catranis.

My office at 2033 D Airport Boulevard, where Corbett Square is, right?

Where my restaurant used to be, and I tore it on I tore it on and did a uh shopping center.

I told it on because I needed to remodel.

I needed to do a lot of things to a restaurant which didn't make sense.

But if I had not had Torah done, I wouldn't be here today.

Mr.

Katranis.

Yes.

Thank you.

I have a question.

I'm sorry?

I have a question for you.

In your lease, does it require that the only use permitted is office use?

What do you say?

Yes, it is within the lease.

Yes.

Okay.

So it's only office is for the permitted use in the lease.

Yes.

Okay.

Thank you.

All right.

Do we have anyone else in the audience that would like to speak regarding the application, either in support or opposition?

Okay.

If you'll come to the podium, then we're on application 1868 government street.

We're making sure this is in one owner.

No.

No, that one actually has been uh I think withdrawn, if that's the one I'm looking at.

Yeah, that one I believe.

Well, there's 3755 Cottage Hill Road, it's application 6696.

That has been withdrawn.

Now the one regarding 4255 Cottage Hill Road still on the agenda.

Okay, because my house is at 3759.

Okay, and I'm okay.

All right.

So do we have anyone either in support opposition once again to the application we're reviewing at this time?

Okay, that'll conclude our public hearing.

Um chair entertain a motion.

Motion to approve.

Yeah, I have a motion to approve.

Do I have a second?

Second.

I have a second.

Any further discussion?

Mr.

Chairman, do we go ahead, Mr.

Milling first?

I was just saying would um y'all be open to you adding to your motion just a condition that there be no vehicles delivered, stored or sold out of that location for office use only.

We just had a lot of issues in that area.

Right.

So I have a request or you want to modify your motion to approve based on the those conditions?

Yes, I approved based on conditions of uh use of office space only, no vehicles on premises.

All right, and who made the second?

Mr.

Carroll or no, Mr.

Pharrell.

Idiot.

Yeah.

A second.

Okay.

With those conditions as well.

All right.

Once again, um I have motion with conditions and a second.

Any further discussion?

All those in favor say aye.

Aye.

Aye.

Anyone opposed?

Okay.

Motion carries.

Good luck to you.

Okay, we're on uh application six, which would be 6694 6163 for 4568 Halls Mill Road.

If the applicant will come to the or rep come to the podium, please.

Good afternoon.

Hi, good afternoon.

Jennifer Jackson, 3345 Halls Mill Road.

Okay.

And if you will tell us why you were requesting a sign variant, so I'll electronic message sign within 300 feet of the residentially zone property in an R1 single family urban.

Yes, sir.

Um this school has no signage whatsoever right now, and they are tucked farly back, so no many don't know it exists.

They are a private school, they want to be able to display all the opportunities they have to offer, like Mobile County public school system does with their electronic message centers.

Um they have the same designation as Mobile County public schools when it comes to the state board of education.

Um so they they hope to display route information on the EMCs, also community events, fundraisers, information about the students.

Um we just hope to make this, yeah, it's a fantastic school.

They're a credible asset to Mobile County, and we just they hope to be able to uh advertise things like the other school system does.

All right, well, I actually have questions for you.

So there's a this big circle showing on the um information, the big vicinity existing zoning map, things like that.

Where on the property, where would they put it?

Near adjacent to the drive, yes, sir.

Set back, it's not in the right of way, but that drive that goes down to the left of the school, they're going to put it, yeah, along the street.

So which also puts it adjacent to the property owners residential, it could it be further to the east by chance.

I don't know that'll make it outside the 300.

Yes, sir, right there.

Proposed sign, the um horizontal red mark.

Okay.

We've as you stated, we've had some of these in the past that have come up.

Yes, and I can tell you, Mr.

Hoffman and I've had conversations about one of them on a routine basis for a while.

Um for the sign to be static after hours, low light, so that it's not you know interfering with the the residential properties enjoyment of their area, yes, sir.

Those are two things that if the board should consider that I would uh insist upon.

Mr.

Chairman, yes, and I guess Jennifer Mike doesn't seem to be kept picking up, yeah.

Um I mean, could they push it to the other corner where it's outside of the 300 uh foot buffer zone?

Yes, sir.

In theory they could, but the entrance is on the far left, so it would be having like a sign way down here, and if one of their big goals, because it does get congested in that area, is to further help with traffic flow.

So I don't know if that would be a big plus with that, but they I mean, I know the family there uh they'd be a flexible, they'd be grateful for whatever, but it yeah, I don't know if the flow would be it'd be like here's your sign, and wait, the school's a couple hundred feet down that way.

Yeah, I guess just from our standpoint is you know, with regards to a hardship.

Um, when you it just seems like it's pretty obvious that it could be put somewhere else and be in compliance, and yes.

I know we've been pretty strict on a number of these.

Um so just my comments, yes.

I I have a follow-up question.

Is the sign two-sided or one?

Will it face just straight towards the street, or will it be two-sided and then both residential east and west traffic?

Yes, sir.

It is double-sided.

Okay, Mr.

Chairman.

Yes, Jennifer, it shows the site plan that it's um parallel to Halls Mill, but that's not the case.

You're saying I'm sorry perpendicular.

It is going to be more a little more parallel because when the parents are driving out, they're gonna try to use it as a tool as well.

So, yes, I'm sorry.

This is the school right here.

It is going to be this orientation parallel.

So the reader board, it'll be facing Hall's Mill, and then it'll also be facing north into the school.

Yeah.

It'll be facing yes, sir, Hall's Mill, and then it'll be facing the school.

So the parents see it driving in and the parents see it driving out.

It's more of a communication tool for the parents.

Okay, hold on.

I think that could definitely help in terms with the the lighting that goes into the yeah, it'll be shining towards the school and not towards the residents.

Yes, sir.

Yeah, and question for staff, Mr.

Chair.

Yes.

Um the chairman's um question or concerns about the the dimming and the static nature um uh after hours.

That's part of the code anyway, is it not it is a part of the regulations for digital signs to dim at night, but there is not necessarily something about uh that the message cannot change after night as well.

The message can change as long as it's not flashing or or strobing effect, something like that.

Okay, Jennifer, um how would they feel about that after dark that it go dark?

Because what I'm concerned about, yes, you gotta I'm assuming now is that just residentially zoned, or there's a structure there, but is there is it used as residential?

Yes, there are some houses, yes, sir.

If you look at it, okay, because it would seem like that that could easily, even if it's facing well, where it is, it it I think they could easily see that at night.

Yes, sir.

And I don't know if um if having a lighted sign after dark for a school um would benefit anything, yes, sir.

I think they would be most agreeable to that.

Their biggest thing is that it's a parent communication tool, so after hours, yeah, there's no need to display traffic flow and things of that nature.

Instead of saying just dimming and static, just it goes dark, yes, sir.

They could do that.

Okay, because again, the way it's shown, if it goes if it faces north and south, then the people in that house, they would they would see that through their windows.

Yeah, right.

Okay, thank you.

Okay, any other questions or comments from the board?

All right, do we have anyone in the audience in support or opposition today?

Did we get any stuff um public comments regarding this?

We did not, no sir.

Okay, all right.

Well, thank you.

Thank you.

That'll conclude our public hearing regarding this application.

Comments, discussion of the board, Mr.

Chairman.

Yes, I move to approve.

Um, subject to the condition that at no time will the sign be activated, lit or otherwise, um, after dark on any day.

Okay, I have a motion with conditions.

Do I have a second?

Quick question.

Yes, Adam, is that the sign that's facing back towards the sign itself?

Everything, both sides, yes, the roadside and the that's right.

I don't think they could isolate it anyway, but might be able to, but anyway, yes, the whole sign.

All right, I have a motion with conditions.

Do I have a second?

Second.

Have a second.

Any further discussion?

All those in favor of the motion say aye.

Aye, aye.

Anyone opposed?

Okay, motion carries.

All right, we're on application 6695 for 4255 Cottage Hill Road.

If the applicant will come to the podium, please.

Good afternoon.

Your name and address.

Hello, my name is Catherine Clark.

Um, my address is 16 Common Street.

Okay, and you're requesting a fence variance to allow an eight-foot fence within the required front yard setback in R1 single family residential.

Normally a three-foot is nothing in excess of three foot is allowed.

Well, tell us why we should consider otherwise.

Yes, so this is the site of um Cottage Hill Baptist Church.

They have a school there.

Um, they have um approximately 400 students and faculty um there, and they have received a grant for security for a fence um along Demetropolis and Cottage Hill.

Um, there is an error.

Um, is it we request a six-foot fence, not an eight-foot fence?

Um, but that would help to add security.

Um, there has been an issue daily on a daily basis, people walking through the property um with the school and everything.

They've had incidents out there, so um, they would like to just provide some additional security uh for the school and the students.

Okay, Mr.

Chair.

Question so for the board, yes, Mr.

Metcalf.

Uh, what kind of fence?

I'm sorry, what type of fence?

It's a aluminum fence.

Yes, okay.

Thank you.

I didn't go farther enough down my information.

Thank you.

So in looking at the application, it looks like it goes out to the property line.

Um, and I'm sure that may be something for traffic engineer engineering.

Have you all looked at that from a traffic standpoint?

Traffic engineering isn't here.

That's just engineering.

I can't see any of the markers.

Um, but um the the applicant has been made aware that for the part of the fence that is proposed to be in the right-of-way along Cottage Hill, that this board does not have the authority to grant that, that you only have the authority to grant the fence to be one foot within the property line along the Metropolis Road.

Okay.

So anything along Cottage Hill would be for a right-of-way.

They have to get a non-utility right-of-way use agreement in order to have the fence along that part.

Okay, and it looked like it there was other sections of the property that would have I guess on Troy Lane and and also just to make sure for for staff's knowledge, you said it's only gonna be a six-foot high fence.

Correct.

Okay, the narrative said it's eight foot, and the picture was for an eight-foot fence.

Correct.

That's changed.

That's a yes, that has okay.

Okay.

I have a question for staff.

So in their drawing, they have the columns with caps and that will exceed the six feet.

You know, are we typically when we say six feet, we're talking about the fence, and then those are somewhat excluded from our discussion or the way that the application was advertised.

That is up to you if you wish to allow that additional foot tall for the columns.

Okay, thank you.

Okay, I have a question for staff as well.

Um I don't remember.

I might have been on the board at the time when UMS right did their fence.

Did it come through this board?

Do you remember?

Because this looks like it's very similar concept.

Their fence is not in the right-of-way, it's off if you think of the corner of Mobile.

It's back off the corner to where the visibility is not an issue.

Okay.

There are numerous other schools along Cottage Hill that have six to eight foot fences on Cottage Hill.

What about gates or anything like that for stacking uh any gates?

There will not be gates.

Okay, so the gates and driveways will be the sidewalks and driveways will be open.

Okay.

So you're just primarily restricting people cutting across through the parking lots?

Yes.

Okay.

Any other questions of the board for the applicant?

All right.

Do we have anyone in the audience either in support or opposition today?

All right.

Thank you.

That'll conclude our public hearing regarding the application.

Comments, questions of the board.

All right.

Chair entertain a motion.

Mr.

Chair, I'll make a motion to approve uh at six feet.

Um allowing the uh concrete columns to exceed that by a foot to allow for the the brick above it and the cap and um subject to findings of fact.

Okay, and conditions of the necessary permits for the fence and obtaining a non-utility right-of-way agreement for any fence located in the right-of-way.

Correct.

Okay.

I have a motion with conditions.

Do I have a second?

Second.

Have a second.

Any further discussion?

All those in favor of the motion say aye.

Aye.

Anyone opposed?

Okay, motion carries.

Thank you.

All right.

We're going to application 6697 for 4006 Old Shell Road.

If the applicant will come to the podium.

Good afternoon, Josh Friedman 4006, Old Shell Road, Mobile Alabama 36608.

Okay.

And you want to go ahead and give us your name and address now?

Margie Friedman, same address, same address.

Okay.

And this is for a rear yard setback variance to allow a building addition within eight feet of the rear property line and R1.

Normally you have to have an eight-foot setback.

You want to tell us why we should consider otherwise?

So this is this stems from a house fire at the end of April.

Our house burned, and we are rebuilding and in bringing it up to code, there's several factors that help with uh security and safety of the home.

We are one of four of the other three homes that uh abut our homes each have garages.

We have a carport.

Uh it's a rear setback off of old shell.

Uh it was a flat roof originally, uh, debris and and what standing water caused uh underneath underneath a very large water oak uh caused standing water and and mosquito and other infestations, and this will be a pitched roof at that point or a uh angled roof over our garage.

Um it's a shared driveway among three neighborhood houses, and so along with that shared driveway comes additional trans, you know, additional vehicles in and out, the other homes, uh construction workers or service workers, delivery workers.

So everyone who comes down this shared driveway sees into our carport.

There have been numerous thefts.

We've experienced two or three children's bikes stolen out of our carport over the years.

Uh they're usually picked up, driven for a couple blocks and ditched when they steal somebody else's item down the road.

So having the ability to uh have a garage that can be fully enclosed and not just a core a carport uh increases the safety of the area as well.

Okay.

Questions of the board for the applicant?

I'm assuming the Freedlanders and the justices are more than time with this.

In addition to the 300 notices that we sent out because within the 300 foot is the entire Spanish bill, a condominium apart uh complex.

Uh in addition to the cost a few dollars, didn't it?

That was a lot.

In addition to those, the three neighbors supporting us uh or surrounding us are all in favor and are fine with us.

Okay, and you mentioned there's some large like oaks or trees on the property you're also having to work around.

Just a very large oak tree that encompasses two or three properties, and it over it hangs over what used to be our our carport, which is a flat roof, would now uh with with uh uh with a pitched roof would alleviate some of the freestanding water and and mosquitoes and things of that nature.

Okay, all right.

Once again, any questions of the board on the uh map where it shows the new addition, it gives you like a 5.5 and a 5.7 foot mark is I just want to make sure that that's to the actual eve, like the overhang of the house and not the physical like footprint.

Does that include the 12 inches of that overhang?

Yes, it does.

Okay.

So the overhang is part of that measurement, yes.

Okay, all right.

All right, once again, any questions of the board?

Do we have anyone?

Uh I see no one in the audience in support or opposition.

We thin the crowd out fairly early.

All right, that'll conclude our public hearing regarding this application.

And chair entertain a motion.

Mr.

Chairman, I move for approval subject to uh um based upon findings of facts and also subject to provision of uh gutter and downspouts on the north side.

Um, all permits and full compliance.

Okay, I have a motion to approve with those conditions.

Do I have a second?

Second, have a second.

Any further discussion?

All those in favor of the motion say aye.

Uh aye.

All right, everyone.

Variances approved.

All right.

Do we have any other business for the board while we have everyone here?

How's uh your work, Mr.

We have uh two um major cases with y'all?

Uh the St.

Ignatius Cemetery, it was set for trial two weeks from yesterday.

It got continued because the judge called us all to into his chambers two weeks ago and told us to resolve it, so we're going back to mediation.

And the other one, the Russell Investments, which was the self-storage building on uh I-65 service road at O'Shell was set for jury trial today, but it had to get continued because the judge was hearing a capital murder case.

So it'll be reset in the near future.

Okay.

Anything else?

How about staff?

Anything for you?

And I guess we're good on minutes for the moment.

All right, Mr.

Chair, I have a quick question.

So seeing today where we have all seven members here plus two supernumaries that you know, I I guess I just wonder if there's they're here, and I don't know if it's a good use of their time to come down, and I don't know if there's a better way to facilitate.

I I would say whether that they're needed.

But um it's one that's up to their prerogative to be here if they want if they feel they can share the time with us, but I would like to reach out to them in advance if we know we've got a quorum and we don't have anything that anybody's expressed uh potential recusal that maybe we give them notice.

Typically um that that that is a wonderful idea.

Uh however, in practice it's much difficult, much more difficult because we do not get responses from all of our board members on if they're going to be here ahead of time or not.

And then also emergencies happen at the last minute.

So, you know, somebody could say that they're gonna be here and then the morning of something happened and then they can't be here.

So uh we really want to do make sure that we have a quorum, and so we'd hate to tell somebody we don't need you to find out that we do need them at the last minute.

Yeah, I wonder if we didn't show up on the question today just the one you know, which I think you know of before the meeting.

Yeah, usually I do.

Or if somebody expresses that they have to leave during the meeting that they for whatever reason, yeah.

I think I think it all comes down to communication.

Yeah, a lot of it comes down to the the board members responding to so how about moving forward that once we determine we have a quorum and no one has expressed either a reason to recuse themselves or that they'll be leaving early.

I mean, even I've had to leave early and I've had to defer to the vice chair.

Um we can ask if you if you want to stay or if you you know if you think you know you your time would be better elsewhere, we'd still respect that.

Yeah, Mr.

Chairman, we've never had this luxury before.

Uh I can tell you right.

I think this is the first time I've ever seen all seven plus two here in my 20 plus years.

So Ms.

Chairman, yes.

Um, with that being said, I would um ask the board members to uh to be more diligent in responding.

Uh yeah, I think that's the other part of this.

Yeah, yeah.

Please.

Yeah, because um even the morning of the meetings, I'm sometimes having to ask, do we look like we have a quorum?

Because we you know, and we've got to notify people, you know, that so I think it's beneficial for us and for the applicants.

All right, with that, I'll say the meeting is adjourned.