City of Mobile Board of Adjustment Meeting - October 6, 2025
City of Mobile Board of Adjustment Meeting - October 6, 2025
This meeting of the Mobile Board of Adjustment covered four applications: a special exception for a drive-thru, a curb cut variance, a rear yard setback variance, and an off-premise sign variance. All items were discussed and voted on. The board also approved minutes from previous meetings and received an update on enforcement of conditions for a car sales lot on Government Street.
Public Comments & Testimony
- Kelly Baker (254 State Street) opposed the curb cut design for 250 St. Louis Street, expressing concerns that drivers would struggle to find the bank entrance, potentially using adjacent Greer's parking lot or entering the exit-only lane. She suggested the exit should be on Joe Ackham Street instead. The applicant acknowledged the concerns and agreed to explore landscaping and signage to deter wrong-way entry.
- Lucy Barr (owner) spoke in support of the variance for 706 Monroe Street, noting the proposed addition would not interfere with the adjacent cemetery and parking lot.
- Dennis Lying (applicant) argued for the off-premise sign at 3366 Cottage Hill Road, stating it would advertise his businesses and provide space for nonprofit messaging, but board members questioned whether it effectively created a new billboard.
Discussion Items
- Special Exception for Drive-Thru (250 St. Louis Street): The board reviewed a request for a special exception to allow a drive-thru in a form-based code area. Applicants proposed a three-story building with masonry construction. Board members noted the previous lack of a structure and emphasized the importance of form and scale. A motion to approve with conditions tied to the submitted design rendering was made and seconded.
- Curb Cut Variance (250 St. Louis Street): The applicant sought a variance to keep an existing curb cut on St. Louis Street for exit-only use from the drive-thru. Staff reported that parking access should be from secondary frontage. The board discussed reducing the curb cut width to 12 feet (one-way) and using landscaping/signage to prevent wrong-way entry. The applicant agreed to re-engineer the site plan accordingly.
- Rear Setback Variance (706 Monroe Street): The applicant requested a variance to allow an addition to an existing house that is already closer than the required 20-foot rear setback from the property line adjacent to Church Street Cemetery. Staff explained the UDC does not allow the same side-yard setback exception for rear yards. The board heard no opposition and voted to approve.
- Off-Premise Sign Variance (3366 Cottage Hill Road): The applicant proposed a 200-square-foot digital pylon sign to advertise his car wash and his shopping center across the street. Staff noted the sign complied in size and height but required a variance because it would advertise businesses not on the property. Board members expressed concern that this would circumvent billboard regulations, which prohibit new off-premise signs unless they reduce the total number of billboard faces. The applicant could not demonstrate a hardship. A motion to deny was made and seconded.
Key Outcomes
- Special Exception (250 St. Louis Street): Approved unanimously (all ayes) with conditions: the building must be three stories, masonry, and follow the exact site layout as shown in the submitted design rendering.
- Curb Cut Variance (250 St. Louis Street): Approved unanimously with the condition that the curb cut on St. Louis Street be limited to 12 feet in width.
- Rear Setback Variance (706 Monroe Street): Approved unanimously (motion to approve, seconded, all ayes).
- Off-Premise Sign Variance (3366 Cottage Hill Road): Denied (motion to deny, seconded, all ayes). The request did not meet criteria for off-premise advertising.
- Approval of Minutes: Minutes from January 6, 2025, February 2025, and March 2025 were approved unanimously.
- Other Business: The board reported that a judge signed an injunction requiring the car sales business on Government Street near the Greyhound station to comply with board conditions within 14 days, or face shutdown. Another similar case was postponed.
Meeting Transcript
Application for a special exception that ties in that we'll have to consider. Um stated we've already looked at this in the past, so there are some factors that may have changed or information that was provided that may help in you in your uh rendering a decision. All right, so I would say this concludes our public hearing regarding the application for special exception. We did have comments that were submitted that we have as part of our packets. We haven't reviewed those. I would recommend you do so. And with that, uh Chair entertain a motion is made. I do want to point out that Andreas Duani did write the code and did allow the option for a drive-thru in this area. The form-based code is just that in the form of the approval or disapproval of the drive-through. At the last meeting, we did not see the structure that was being uh contemplated, and I think the height and scale of the property, the location of the drive-thru do make it uh important in review of this, and versus a one-story fast food restaurant, even a one-story bank set off the street. I think the form and scale of the building is a very important uh part of this application uh to decide on the drive-thru. Okay, thank you. Any other comments of the board? All right, Chair entertain a motion. Uh these are sometimes difficult. We have to really think through all the discussion and comments, and we appreciate your time today. Um sometimes I have to pull a motion out of everyone, but I I tend to vote last just so that I don't influence the vote. So I would ask the members of this board consider everyone's time and someone take the time to make a motion. Okay, I'll proceed to make the motion. Uh but I want to specify um with staff, uh, I'm gonna make a motion to approve and tie it to the design rendering received mandating the three-story structure, the height described on the design, the masonry um construction, and the exact uh site layout uh as the design shows. With that, I'll make the motion to approve. Okay, I have a motion to approve with those conditions. Do I have a second? How second? I have a second. Any further discussion? All right, with that, all those in favor say aye. Aye. Aye. Anyone opposed? Okay. The motion carries special exceptions approved. All right, we'll go to the next aspect of this location, which is 6703-6653 regarding 250 St. Louis Street. Mr. Pipes, name and address for the record. Yeah, Casey Pipes, 150 government street. This uh second aspect is related to a uh what the staff calls a curb cut variance. The staff report says that a curb cut onto St. Louis Street is not allowed and that a variance is required. This is the curb cut to be the exit flow of the drive-through shown on the site plan. That that curb cut currently exists. There's a curb cut there today, allowing access in and out of the surface parking lot from St. Louis Street. There's also access into the parking lot from the North Joe Ackham Street side. But what and so we've applied for the variants to allow this this curb cut to remain on St. Louis Street. The actual regulation uh curb cuts on both streets, if you're on a corner, aren't prohibited by the downtown development district code or the UDC or anything else. There is a prohibition in the appendix that says parking shall be accessed from secondary frontage where available. That's a quote from the appendix.
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