Good afternoon, everyone.

We're gonna call this uh December meeting of the Board of Adjustment Order.

First, I've got a series of kind of just basic rules and guidelines that we have to follow and information I want to share with you.

Uh, first thing I would ask is any electronic device you turn it either on silent or off so that we don't have a disturbance during the meeting.

Reminder to the board members to turn on their mic when making a statement or a motion.

We we tend to forget to do that sometimes.

All right, so we'll go through some of the basic rules.

As you come to the podium, give us your name and address for the record.

If you have to come up here multiple times, each time give your name and address for the record, and direct your comments to the board, not to somebody in the audience or to the staff.

That's just um a formality.

And there'll be a call for individuals to make statements in support of an opposite uh of an application and some in opposition.

You get four people in support, four people in opposition.

You have a five-minute limit, time limit that that is, and then the applicant gets a two-minute opportunity for a rebuttal if there's anything that they need to clarify or respond to.

Um after that, I'll call for um closure of the public hearing on that application, and then the board will have a deliberation and we'll make a decision.

And if you have questions regarding the board decision, you can call the planning department at 251 208 5895 for for information or guidance.

And um I have the opportunity to extend time if I feel that we've interrupted the applicant or somebody making a comment or statement.

And um I try to be considerate if one side or the other has had more time, then we'll we'll be considered of that as well.

If a board member finds that they need to recuse themselves, usually a supernumerary will vote in their absence.

Um, and we have to have five members or five votes to affirm a motion in support of an application.

If we fail to get five, then the application may be denied as a result.

And we'll see here if there's anything else.

So I think with that we'll call roll call and then I'll ask for an approval of the agenda.

Starting with Mr.

Williams, supernumerary.

Here Mr.

Atchison, supernumerary, yeah.

Ms.

Pharrell.

Here, Mr.

Morris?

Here.

Mr.

Pettway.

Absent.

Mr.

Milling?

Here.

Mr.

Golden?

Here.

Mr.

Metcalf.

Absent.

And I'm William Guest Chair.

We have a quorum.

Therefore, we can proceed with the meeting as scheduled.

I'll entertain a motion to approve the agenda.

So move, Mr.

Chair.

Have a motion to approve the agenda.

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?

Agendas adopted as presented.

We'll start in order with the holdover, which is 6699, 4585, 4969 regarding 6710 Old Shell Road.

Good afternoon.

Michael Bentley.

Yeah.

Is that Mike on the we'll try it again?

Can you hear me?

Perfect.

Okay.

Thank you, Mr.

Commit uh Mr.

Chairman.

Michael Bentley on behalf of the applicant American Tower Corporation.

Uh my address is 188 East Capitol Street in Jackson, Mississippi.

Uh glad to be in Mobile today.

I'm here on an application to extend the height of an existing wireless communications tower on Old Shell Road.

Uh it's on the west southwestern edge of the University of South Alabama campus.

The request is to extend the height from 149 feet by 23 feet to 172 feet to accommodate uh T-Mobile 5G wireless antenna and equipment to improve in in building and in vehicle coverage along Old Shell Airport, Cody Road, and on the University of South Alabama campus.

Our request under the code triggers several variances we need.

One is a uh height variance because we're extending the height again from the prior variants approved by this board, a setback variance because the tower is higher than the uh is the height is greater than the property boundaries, and then we discovered when I was here last time that we need a residential separation uh approval because the the code requires 150 percent tower height, which is about 258 feet from any residential structure or uh dwelling structure.

Ivy Row uh at University of South Alabama it's a student residential property is about 248 feet from the tower.

Uh so we're just inside that requirement.

So we're asking for those three approvals uh to extend the height of this tower, and happy to answer any questions that you have.

Okay, one of the things I asked for last time was a propagation map to show the coverage.

I had a chance to review it.

Is the current um occupant of the tower active?

The current occupant verizon is active, yes.

Okay, because if you look at the map, it doesn't look like you've got coverage in that area based on the propagation map.

Well, I guess I didn't interpret the maps that way, but maybe that's specific to this particular carrier T-Mobile.

Um but yes, Your Honor.

I mean, Mr.

Chairman, you did ask for those.

We we've provided them, and I think the map show at this height the T-mobile coverage will improve in those along those roads and on the campus.

Okay.

Um so with the additional height, is the intent also to add other carriers, or is it just strictly for this one carrier?

Strictly for this one carrier.

Okay.

All right.

Uh any other questions of the board?

The area for the trees are uh South Alabama.

I believe it is, yes.

Yes, that is the road that Forman Road.

Yeah, there's intramural.

That area.

Um yeah, I was surprised to see Ivy Road or Row is considered within that setback because it seems like it's further it does.

I went to the site and uh it it's just barely within it, just the property line.

I don't know about the dwellings themselves, but they are close to the the property line.

So we were surprised by that too, and that's why we requested the holdover at the last meeting.

Okay.

All right.

Once again, any questions of the board for the applicant?

All right.

Staff, we didn't have any um public comment regarding this that I'm aware of.

No, sir, we did not.

Okay.

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

All right, and it's an extension of what 35 23 feet.

23 feet, yes.

Okay.

All right.

Um, thank you.

Thank you.

With that, this will conclude our public hearing regarding the application which was held over.

I've got a question for staff.

Do you have a question for staff?

Maria, the residential setback requirement.

Is the thought on that that I mean if that was to come down, it gives protection from residential properties.

Like what is that protecting?

That's my uh that's my understanding, yes, sir.

Okay.

Thank you.

Okay.

Any further questions?

All right.

With that, Chair entertain a motion.

Mr.

Chair, I'll make a motion to approve uh subject to findings of fact.

It's not contrary to public interest.

Um, and that the spirit of the chapter shall be observed and substantial justice observed.

Okay, I have a motion to approve based on findings of fact.

Do I have a second?

Second.

I have a second.

Further discussion.

All those in favor of the motion say aye.

Aye.

Anyone opposed?

Motion carries.

Application is approved as presented.

All right, we'll go to number two, which is 67 16, 6588, 5326 regarding 11 South Water Street.

Good afternoon.

Afternoon.

Uh so uh thank you.

Name and address.

Oh, I'm sorry.

Uh my name is uh Oliver Dorgan.

I live on 167 Mohawk Street, Mobile, Alabama, and uh I am petitioning on behalf of this mobile that is on one South Water Street.

Okay, and the purpose for your application, please?

Uh yes, so we need a uh I think a sign variance uh so we can put a um uh informational sign at the Amtrak platform.

Uh we're looking at uh putting a sign that's about 36 inches across by 96 inches tall.

And uh the purpose of this sign is to provide uh uh informative resources to uh Amtrak passengers as they come off of the platform, and uh so they can uh find things to do, places to stay, place to eat and things like that in mobile once they've uh kind of disembarked from that platform.

I believe there's two existing signs for the Amtrak for the purposes of um kind of defining that location for uh departures.

Um and our purpose is to just provide a resource close to the terminal or close to the um the platform itself.

And yeah.

Okay.

Any questions of the board for the applicants, rep questions?

Uh second, please.

Um I think we're looking at the uh information in the packet.

Okay, Marie, the reason for these all to be considered application or uh permit required is because it has Amtrak on it.

That is correct, yes, sir.

Uh there are free uh four freestanding signs uh that have the Amtrak branding on them, as well as two uh what we're calling wall signs that are on the actual platform itself.

Uh and then there is an additional informational sign uh from visit mobile that it's not uh it doesn't exceed 20 square feet and doesn't contain advertising material, so that's considered informational and is not part of the variance request.

The other signs that do have the Amtrak name are what we are considering okay.

So question for you the informational sign, like on the walkway, does it have to have Amtrak on it?

Um it's not my understanding that it does.

Okay, and and again, I'm I'm a I'm from visit mobile, so not from the Amtrak.

So I I can't speak to Amtrak's policies.

I do know that they at least uh as of right now, uh I do not think they have an intention to put a sign out for that kind of resource.

Um so our our goal is just to try and get something in the ground so that we can provide that resource to people coming off of the train.

So Marie, the the two wall signs are the ones that are actually on the walkway.

That is correct, yes, sir.

Okay, Mr.

Chairman.

Yes, I I just if I can I'll speak to just your question.

I guess from a different opinion.

I feel like that area.

I mean, I work a lot downtown uh on the real estate side, and that area is kind of an island unto itself, and so I think you know, identifying it as Amtract, you know, grabs people's attention and kind of ties it to what's going on and then gives them the information that they need.

And it because it's in an island, I don't I don't feel like that it's contradictory to what the intention of the original side ordinance was, which was you know to control signage so it just didn't you know overrun the city.

And I just feel like here with this specific request that that's not a danger of happening.

So again, just a board members' opinion.

Okay.

Um I would agree with the ones that are the freestanding.

The two that are on the walkway, I'm questioning whether or not those have to have the Amtrak.

Other than that, I don't see uh like you said, any harm in the ones that are freestanding.

It seems very similar to what we have on drive-throughs and some other things where we just say take the branding off and they still have the information they need.

So all right, any other questions or comments of the board?

All right.

Thank you.

Thank you.

Do we have anyone in the audience either in support or opposition that would like to make a statement at this time?

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

Um fully in support of the freestanding signs.

I just think the two that are shown on the walkway, which are informational or fine without the Amtrak branding.

I think it serves a purpose, and you still know where you're at at that point.

Well, it's hard to tell what those wall signs say.

Yeah, I don't I looked at try to enlarge the picture as far as uh looks like the very top of it's got a header with Amtrak.

Yeah, but I don't know what information it gives below.

Can you the applicant?

Can you tell us?

Hey Doug, if you go into the application that documents, I saw the pictures.

I saw the pictures.

I tried to enlarge it, but I couldn't.

Yeah, I looked at that page tried to enlarge it and I couldn't tell.

Oh, the application.

Okay, thank you.

Thank you.

Yeah, they're a little bit more legible in the actual application documents.

Okay.

With that, uh once again, Chair entertain a motion.

All right.

Chair makes a recommendation to approve the four pre-standing on-premise signs, and to restrict the two wall signs to just the basic uh information removing the Amtrak logo or advertisement portion of the sign.

I'll second.

All right.

I have a motion with a second.

Do I have any further discussion?

All those in favor of the motion say aye.

Aye.

Aye.

Anyone opposed?

Motion carries.

All right.

Going to application three, which is 67 17 regarding 503 and 505 Congress Street.

Your name and address?

John Ruzick, 1206 Selma Street.

All right.

And the purpose of your application?

We're seeking a variance to allow for a concert and event venue with seating of 100 plus seats in a T4 subdistrict.

And I'm here representing Porch Light as the developer.

We're leading the rehab rehabilitation of the property for use by the Excelsior band as a cultural and performance space.

The goal here is not only to showcase the history and legacy of the Excelsior band, but also to anchor Mobile's proposed civil rights and cultural heritage district, which will stretch down Dr.

MLK Junior Avenue.

So I think that we believe the variance is justified and that the there's a hardship that's been created.

Um is is no longer permissible under the current DDD zoning restrictions.

Um moreover, the proposed use, which which cannot move forward without the variance, um, you know, protects the existing building fabric, uh you know, provides a new use and experience for the community and enhances the streetscape.

So all of these are in keeping with the spirit of the DDD and the in the public interest.

I'm not familiar with the structure.

So what was it originally approved for seating?

It was built as a motion picture theater.

What was the number of seats?

Uh I'm not sure about that.

There's very little of the interior kind of left, so we can only make some educated guesses there.

Okay.

But it was certainly over 100 given the square footage.

Okay, and parking associated with this.

Uh we don't have current parking in this in the plan, uh, which I believe is not required under the T4 district.

Uh there are options for parking that we have with some neighbors during under a co-parking agreement that are in negotiations.

Okay.

Any other questions of the board for the applicants rep.

So that's I guess there's 500 seats.

Okay.

In the uh design, is it going to be all fixed seating in this building, or will it be displayed?

No, there are uh I believe a hundreds of over a hundred fixed seats, uh, and then there's about fifty movable seats that's that can either be seating or or standing room as needed, as the event dictates.

Mr.

Milling found in some of the document application documents it was originally 500.

That's what uh our uh package.

Yeah.

Okay.

Okay.

All right.

And uh back to his question.

So a hundred fixed and fifty mobile or portable seating.

Okay, but your application is for a hundred.

So is it 150 or 100?

I think it's a hundred plus, right?

Okay.

And then uh when staff asked what the overall occupant load was for the structure, we were advised that it is for uh 328 people was the total occupant load for the the structure.

Okay.

When it was advertised for the here for the meeting, was it advertised with a hundred or a hundred three hundred?

It was advertised with one hundred fixed seats as uh it says on the site plan.

Okay.

Because it's kind of misleading, you'd think it was restricted to 100 when it's really much more than that.

Okay.

Any other questions of the board for the applicant?

Do we have any comments, public comments regarding this?

We did not know, sir.

Okay.

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

Okay.

Um, if you'll have a seat.

Good afternoon.

Your name and address.

My name is Daniel Neal.

I live at 554 Berkeley Avenue, Auburn, Alabama.

I'm representing the ILA Local 1410, which is the adjacent property to the ace.

And our concern is primarily the parking.

Uh, I don't know if y'all are familiar with how the the union uh shape up happens daily.

Uh there's several hundred longshoremen show up in this block and get their assignments at the docks.

So there's a rhythm of many folks coming through there.

Uh Dunbar School is a block away, and State Street AM is on church is directly behind this property.

So we'd love to talk to you, John, about a shared parking arrangement.

Uh, we that big lot that's directly, you see the uh sort of unusually shaped triangular building and that large lot across uh Lawrence Street, and that is the ILA hall, which has been in continuous operation for 86 years.

Uh and that uh parking space, that big green space to the back, we'd like to to work on a public-private partnership for the district uh to develop a parking structure there that would accomplish or relieve a lot of these pressures from all these multiple projects right there.

So that's our only question about it.

Um that's pretty much all I have, but it's more of a question and an opportunity to work together.

So you're not necessarily an opposition, you're more in support, just parking has to be resolved.

I'd like to see a parking study as a part of the application and uh see what we can because I A Hall is quite a bit larger and holds a lot of people.

I don't know the number.

Um so yes, it's a question.

Okay, it's neutral.

All right, any questions for the board?

All right, thank you.

Yes, sir.

Thank you.

Um, I think our our lady friend here was okay.

Good afternoon, your name and address, sir.

My name is Michael Davis.

I'm the pastor of State Street Mine Church, 508 State Street.

We own two, three lots next to that building.

And I concur with Daniel Neal, the issue is uh parking.

Yeah, that issue is resolved, then I'm in support of it.

Okay, any questions for the board?

All right, thank you.

Good afternoon.

Your name and address.

Good afternoon, everyone.

Uh, my name is Vicky Howell.

I reside at 1177 Elmira Street, and uh I come on behalf of the uh mobile NAC NAAACP, and especially from it's our economic empowerment committee of which I'm chair.

Uh I come to represents concerns.

I'm not necessarily for or not necessarily against the project, but the concern of the citizens that I've been talking to over the last couple years is that as this uh plans for this area move forward, we we keep in mind that this is a powerful black historic district.

In a lot of ways, it was the spying and the center of black life and in Mobile.

So what happens to this area is extremely important to us and to the people that we represent.

We what happens in this area has deep personal social and economic implications for the people who live there and the people who who live there now and the people who may live there in the future.

So with this plan, it was brought to our attention um over the weekend, then during the holiday, and most of the people I've talked to have not seen this plan.

Also, uh, it's right next to the ILA Hall, which is itself an event space, which is itself is a historic event space where Elvis played, where Martin Luther King spoke.

There's a much bigger venue, and so how would this, what happens at this venue impact what happens at that venue?

And also we're talking about parking.

For us, we have not necessarily heard what the residents think about this project, how it might impact them, what they might want to see, and then it goes back to for us a more broader aspect of how the community and the residents being involved and engaged in actual planning of this process.

I mean, it doesn't even make sense to have two event venues right next to each other, especially in the place where there's limited parking.

And what thought processes have been put into place to decide what happens where and in this very important historic district.

We're also interested in what's happening in Africa town.

We understand that black history is a very powerful history, and it's also very lucrative.

So we also want to make sure that as this as plans are going forward and as things that people are thinking about what happens in these areas, that the residents have a very clear understanding of what's happening, that they have been brought to the table and have been this this project and all projects in this area have been thoroughly explained and vetted in such a way that people feel comfortable.

Yes, this will add to the plans that we have for our community.

And I will just go say on the record too that there are also very much serious concerns about gentrification.

Who's doing these projects?

Why the what's really behind?

I can't say what's in people's hearts, and so it's not for me to judge, but it's for us to it's for us to pay attention and to be aware of what's happening.

So some of the questions that we had as well was presented to me was how does this plan fit into the plans for the overall district and again for the future of the area?

You know, what is the what is the community's input and how will it interfere or interface with future plans uh for the revitalized district, especially for the ILA Hall and the plans of the revitalizations that are going on there as well, a much bigger venue and a venue where African Americans was the only place that they could go to when they couldn't go to other places.

So, like I said, it has a very personal impact and feel for us.

So we're not necessarily certainly for or against, but I do think that there ought to be more time spent in the community explaining what this is for the developers to explain how this is going to work, how it's going to work socially, how it's going to work economically, and how it's going to put this place on the map in a way that does not erase the history of this place but enhances it.

Thank you.

Okay, any questions?

I have a quick question.

Yes, sir.

The ILA Hall, is that a venue that's rented out just to different groups, or is it only used for ILA members?

Well, it has been used for ILA members.

Um, but for for the most part, it's set on dormant because it's it's just needed renovation like everything else downtown.

That's happening right now.

And I think the same people who are involved in the uh Ace Theater renovations are also working on the ILA Hall renovations.

So you like I said, basically you have two venue spaces right next to each other.

And um, I have not spoken directly with um the president of ILA Hall, but I do know from conversations that once it's renovated, they do they do want to get it back into the event space category.

So, you know, weddings there, receptions may be there, bigger things, maybe maybe that require more seating than a hundred seats, but certainly in a spot where there will be, uh, at least from what I'm understanding, future plans for events.

So again, it's kind of kind of jiggling my mind a little bit is why we put two event spaces right next to each other, especially in a place where parking is limited.

Thank you.

Okay, any other questions?

All right, thank you again.

Thank you.

Okay, we have time for one more.

Okay.

All right, sir.

Do you have any response or rebuttal?

Sure.

I think is in response to the to the issue of parking.

Uh I like Mr.

York to to correct me if I'm wrong, but I believe that in this district there's by right no parking needed, no dedicated parking needed for the building.

Is that correct?

That is correct, yes, sir.

Okay.

Uh, and it's in terms of the event venue itself, this is not meant to be a leaseable event venue.

It is solely for the use of the Excelsior band for their performances, for their education, educational component under the JAS studio, as well as for any events that they might host.

As far as other people renting this out for parties, for catered events, for other musical events, that's not going to happen.

And so I don't think that it infringes on any other possibility of area event venues being available or being developed in conjunction with this district plan.

Okay.

Um, I've got a couple questions.

Um, looking at the aerial.

So Mr.

Turner, will he continue to own this?

No.

Will an investment group own it or will the Chelsea, okay?

So the investment group will own it and sign a lease with the Excelsior band.

Correct.

Okay.

And the corner I notice is at least shown owned by Mobile County.

Correct.

So the county owns the corner.

Correct.

We all have a lease with uh it's yet to be determined how that will, but it will be become part of the project.

We're unsure of who the ownership will be on the vacant parcels.

Okay.

And then okay, and then they are in the building, I guess, next to the vacant lot that Mr.

Turner has.

Correct.

Is that currently occupied or what no?

That is a vacant uh fourplex, and that is also owned by the county, and that would become part of the project and be used as administrative and education spaces, which I believe is you know uh available allowed uh by right under that zoning restraction.

Zoning okay.

All right, and then I guess the last thing I'd say, and Marie, correct me if I'm wrong, but you know, I I hear you that you know parking is not required, but the reality is parking is needed for you know different venues, and I I think that you know I it just is me as a board member, you know, it does affect my decision just because you know the last thing we want to do is put a hardship on the surrounding neighbors, and so I I do understand that it's not required, but it it does play a part, I think in you know the harmony of kind of the different properties working together and creating hardships on adjoining neighbors and stuff.

So um, you know, I don't know if this is you know sounds like there are a number of neighbors that aren't afforded or aren't against it, but just have a lot of questions.

You know, maybe it makes sense to hold it over for 30 days and allow you know some dialogue with some of the neighbors.

Um it does seem like a super important area.

Seems like an amazing use to me.

I mean, to be able to preserve and have a place for the Excelsior band that's been such a huge part of this community.

I it seems like it would be fantastic.

But our intent really with with excluding parking on the site plan was not just to ignore it, but really that we didn't think that was the highest and best use for the we're we're attempting really to create a campus here to to allow the Excelsior band to do what they've done for 140 something years in a better way and have more space to do it, more availability to have lessons and outreach to children in the community and students in the community, but also just to showcase their history.

So a large portion of the building will not actually be for use as a performance space, but actually just showcasing their history and memorabilia.

Uh and so anyway, back to the parking though.

I mean, again, it was not intended to exclude it, but really just to use the site to its highest and best use, and and to continue to try to anchor the district further.

Along the lines of what uh he stated, I'm kind of in support of possibly having time for the community have more discussion, dialogue with you.

And they're they're asking for that.

It sounds like that would be advised, um, especially with something so important to this region and with the development we're seeing in that area.

We've also had several other venues or areas that people come in here trying to have in parking has always been the issue and the impact on the area.

So anyway, I'll defer to Mr.

Morris.

You had a question as well?

Would it be a challenge to come back with a plan?

Uh parking.

You know, yeah, it would be a bit of a challenge, but one that we're open to to tackling if it if it makes the project better for the for everybody.

I think we would be in a better position to approve it if we had to.

I'm sorry, I can hear that I think we would be at a better position to approve it if we had to have pocket.

Okay.

Okay.

Any other questions or comments of the board?

All right.

Uh we've already concluded the public comments.

I'm sorry.

Once we allow the applicant to come back to the podium, I can't call somebody back up.

Um but I think we're in line with you know consideration for holdover.

Would that be something as the applicant you'd be willing to consider?

Sure.

Okay.

Um I think there's enough public comment that we see that there should be some further discussion as to parking and other um, I guess how this impacts the the neighborhood that maybe a holdover, and I'm not sure 30 days is sufficient.

I don't know.

Maybe 60 might be more in line with for what else necessary, but uh anyway, with that I'll entertain a motion.

I motion to I'll motion to approve a hold of 60 days.

60 days.

Okay, I have a motion to hold over 60 days.

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.

All right.

Motion is approved, and we'll move to the next item on the agenda.

I'm sorry, I can't allow you to come back up opportunity to come up.

Once we conclude the public hearing and he's had an opportunity for rebuttal, then the process is that we move on with a vote.

Um, but you have 60 days, uh, and I hope that y'all make opportunity to meet with them.

All right, application 67 18.

Wait a minute.

Am I on the right one?

Yeah, uh, this is regarding 408 Adams Street.

Is the applicant here?

Good afternoon.

Your name and address you might after the mic up.

Rashawn figures, uh figures construction and development 2476 commercial park drive is my office address, and I'm the owner or my company is the owner of 408 Adams Street property.

Okay, and the purpose is that building height and parking.

Yes.

Uh this is a proposed four-story building for teachers, firefighters, and policemen that will occupy the building and have residential well on top, uh commercial on the bottom.

Um, it's already passed through the ARB.

We did a charette with the community, um, and the parking was needed, so we changed our plan to put 55 parking spaces to accommodate not only our project but the neighborhood.

There was some concern of uh there was a lot of on street parking for the uh people adjacent um in the residences, and so we established an uh unofficial agreement to where if they had a venue or they had guests over that they could also use our parking, and they wanted it big enough to do that.

So um we changed the plan and we need the variants to accommodate the new parking.

Um by right, we don't have to have parking, but enlistening to the neighborhood is very needed in this neighborhood.

Um, we're also asking for uh uh by right, we can do three stories.

We're acting asking for an extra story um to get more teachers, firefighters, and policemen.

We think that there's a good historical precedence for that.

We um didn't take this lightly.

We hired uh Christine Dawson's firms, J G AI consulting um to do a study of the impact to the neighborhood, and it was found that it wouldn't uh adversely impact the neighborhood.

Um she also found that um the president's was the federal courthouse that is on the southeast corner of the district that is partially in and partially out of this district, St.

Louis Loss that's on the southwest corner of the district that's partially in and partially out.

You have the Gulf Distributing Building that is right outside of the district, but it's from a rock stroke from this property, and our property is partially in and partially out of this district, all sitting on all four corners.

Um so that's the president's um also this board has um across the street from uh the greers um granted a five-story um variants um for a similar property that will be um residential use and commercial on the bottom bottom.

So we think this is very in line with what you've passed before and what's needed by the community.

We also had uh a letter from the Detonti district of preliminary approval of this project.

Um the past city councilman um also uh sent a letter of support for this project.

So we think we've covered our basis of going and walking this through the process from the community administrative um process and just being an overall good ad value add to the community.

Okay, any questions of the board for the applicant?

You have to pay extra for the model, yes.

But that is one of the things that the community wanted to see actually what it looks like because they looking at a plan, they really couldn't see it.

So we we had Mr.

Moore and make a model, so it would be a good representation of the building.

Okay, Sean.

Did you say the parking is gonna be for the commercial and the apartments or just for the units, just for the residential?

It'll it'll be for the entire building, but it'll also be to where the community can use it as overflow parking so they the guests don't have to park on the street, and that's what they're saying is happening, which can gest the streets, which that's what they don't like.

Got it, but it'll be an open ungated parking lot behind the building.

Yes.

Yeah, thanks.

Yes.

All right.

Any other questions of the board?

All right, do we have any public comment on this one?

No, sir, we do not.

Okay, do we have people that would like to speak in favor of it first of all?

All right.

Anyone in opposition, if you'll come to the podium, please.

Good afternoon.

If you'll pull it down, your name and address for the record.

Good afternoon.

I'm Angela Sanders.

Uh my address is 317 North Jackson.

I'm on the corner of Jackson and Adams.

And I am totally lost as to what's about to happen here.

Um I've been away for a while.

Um I was ill and uh had some surgery, and so I'm back in town.

Um just curious as to exactly what structures are going to be built, and exactly what's going to be adjacent to my property there on Adams Street or across from there.

I'm real concerned about um the parking.

Um also um the amount of parking.

I think I think currently there's parking is the the parking is 20 20 spaces, and this project will double that amount.

Um looks like the applicants staff correct me if I'm wrong.

55 spaces that are 55 spaces, yes.

And also the height of this structure.

Uh because it's if if I'm seeing it correctly, and I'm not sure, but it's it's it's actually going to be on the property where this where the school is, Callaway Smith Middle School.

The overall site that this was this property was involved in a land swap between the school board, the city, and Gulf distributing after Gulf bought the press register building and wanted to do the expansion, and I represented the city and doing this land swap.

The lot in question was created uh by that land swap.

It was part of Mayor Stimson's plan to bring development to this part of downtown in this community.

Um so what you see in yellow, and you see the school on the left, the yellow is where this building, which is this is a model of will be built on the north side right here with the parking here.

Oh, the building will be here.

Okay, the building will be here and parking there.

And so it's going to take up the side.

It's going to take up that property.

That's the building right there.

To the to the site of Playbourne.

Yes.

Correct.

Uh so you'll be facing Congress Street.

Just just building here with front Congress.

And the parking would be to the north.

Yeah, it looks like what's near um Adams.

You said you were on Adams Street.

It looks like it is.

I'm on the corner of Adams and in Jackson.

Okay.

Well, it appears that most everything is parking up towards Adam Street, but the actual structure is on Congress Street at that corner.

If I understand the drawing the renderings correctly.

So there's no structure there on Adams.

Not that I can see based on what's been proposed.

Sean, is that correct?

So not in this phase of the project.

There will be residential houses that are on the back of Adams.

And what we were trying to do, because you know there's a parking lot with trucks.

If you'll come to the to the podium, parking lot behind it for Gulf.

Um, and so one of the things that was uh in contention is the neighborhood having to hear the trucks and see the trucks.

So we developed it to where those residential houses will buffer the community from Gulf.

Um it will take down the sound and they won't be able to see it from the neighborhood.

So the the houses that will become the second phase of this on Adams will buffer you from the sound and prompt from the other parking lot.

This what we're coming on today is just on the front on Congress Street.

But it doesn't extend to Adams Street.

Okay, but eventually there will be homes built or apartments.

Yes, ma'am.

If the permits or apartments, if the permits are approved, we will start houses two houses back there in the next 60 to 90 days.

Okay.

Yes, ma'am.

So there is building that will be houses or apartments.

Just houses, yes, ma'am.

Residential structures, yes, ma'am.

What type of houses?

Uh I mean, I I'll show I can show you the renderings if I get your information after this.

I'll actually show you what's going back there, but they've already been approved through the um ARB, and um waiting for the permit now.

So additional parking would be needed for those houses.

No, no, no additional parking because it's just a residential structure, so it'll have a driveway um just like any of the other houses in the district.

It won't need any additional parking.

This is just a front four-story structure that'll need additional parking.

Okay.

All of this is in the same area.

Did you know the previous structure that that we were discussing?

Can can you imagine you gotta come to the mic so we can hear you?

I was saying additional parking.

That there's gonna be the previous uh structure we we were discussing.

All of this is in the same area.

And and can you imagine 55 parking spaces in addition to uh other traffic for two more dwellings there on Adams and the parking of the trucks with Gulf distributing now directly behind those dwellings?

That's a lot of traffic.

That's that that's that is so busy.

And there's not there's not uh there at Adams, there's not just uh a turning, there's not just a turning left there on Clayborn, it's just a little bitty curve, and there are two cars coming and going cannot make that turn now.

Did do you get what I'm saying?

It's just a little curve there.

Yeah, and we're talking about 55 parking spaces in addition to the the parking there for additional structures.

Okay, that this building is going to take away from the from those children there at that school.

That's that's where that's where the games are.

That's where the football games are.

So that's that's gonna be done away with also.

Um property associated with this school area.

I I don't necessarily know Mr.

Anderson knows more about all this with the land swap and but yeah.

And is the school aware of that?

I'm sure they are.

All right.

Um any other questions of the board?

Uh I have to conclude your time.

Okay.

Okay, thank you.

Do we have others that would like to speak in opposition?

Yes, ma'am.

Good afternoon.

Your name and address.

My name is Gail Patrick.

I actually live at 24, excuse me, 2354 Bear Fork Road and Eight Mile, but I am ILA Local 1410, where um everybody's been talking about our building and the parking area and the general area.

My question is, what is this building supposed to be?

That's number one.

I I I just I don't know what it is.

First floor is we tell the top three floor.

So it's like a mini mall almost.

You got you got a shopping center at the bottom, and then people stay at the top.

So it's like a little subdivision mall area.

I'm just saying, I'm just trying to get an understanding because of the fact that I would say probably, and I don't know, Rashawn might be.

Okay.

I'm just asking because of the fact that again, like she stated, you're putting this next door to a middle school with kids, and it's some of everybody's gonna be coming in and out.

You're taking up part of their land that they've been freely playing on, and now you're making the area smaller for them.

You're not caring what's going on, what's gonna happen to the children when a big structure like this comes in.

I'm not against progress.

Don't get me wrong, I'm not against progress.

But my problem is that we got to think about our future for our children also because I don't have kids, but I know how it is, and the kids already have a hard enough time dealing with their all this electronics and everything.

They don't even know what being a child is anymore.

And now you want to put this over here, and for the few kids that do go out and play, you're taking that away from them.

That's all I have to say.

Okay, hold on.

Uh any questions of the board?

Yes, Mr.

Did you hit it?

Did you hear the fact of uh legal say it that the school board has along with the city agreed to this?

Me, honestly, the school board doesn't care enough about the children.

That's my thank you.

Okay, thank you.

Do we have other comments?

All right, if you would like to come and give a two-minute response.

Or additional comments.

Yeah, I just wanted to you gotta pull up the mic a little bit.

I just wanted to say every part of this plan has been carefully thought out.

The school board was in on this project.

They want to bring their teachers closer to where they teach in the inner city and to downtown.

Um that's the reason that only teachers, firefighters, and policemen, essential workers that we need downtown will be a part of this project.

Um that's why we need the extra story to make sure that we're doing that.

That adds a benefit to the school system.

Also, the school system got half of this sale of this property.

Um, that's how important it was to them that something goes there that they want it.

Um the football field will be moved, it will still be there for the key.

This was a large parcel, um, so they still have a football field to do whatever they want.

They still have more than enough parking.

Um they've even extended that some of their parking can be used if it needs to be used for overflow.

So I will say that you know, we've done there's no intended tenant on the first floor except for we heard the community, they want a restaurant.

So one of the uh spaces on the first floor will be a restaurant.

Um that was another compromise with the Detonta community.

Um we didn't want to affect any, we didn't want to put a coffee shop because there was already a coffee shop in the neighborhood.

We didn't want to put a grocery store because we wanted to have griders flourish.

We wanted to accentuate what was already there, but add on things that weren't.

Um so that's how this project came about.

Um we're proud of it.

Um it'll serve people that really need and it'll be affordable.

And when we say affordable, the other uh confusion is this is not Section 8 vouchers, it's teachers, firefighters, and policemen.

Is it a tax credit project?

It's not a tax credit project.

It's not yeah.

It's our our my company's capital.

My mother was a teacher for 33 years before she retired.

So I made two promises to her when she retired that I would buy her a car every five years, and that we would do something for teachers, and this is uh what we're doing.

We're doing other projects for teachers, firefighters and policemen.

How many units on the upper floors?

Uh 40 units.

40 units, 40 units.

Okay.

Yes.

All right.

Thank you.

Thank you.

Any questions or comments for the board?

All right.

This will conclude our public hearing regarding this application.

Um with that, Chair entertain a motion.

I motion to approve.

I motion to approve.

For findings of facts.

For findings and facts.

Okay.

Do I have a second?

Second.

I have a second.

Any further discussion?

All those in favor of the motion say aye.

Aye.

Aye.

Anyone opposed?

Motion carries.

All right.

We're on application 6719 6695 regarding 4255 Cottage Hill Road.

Good afternoon.

Your name and address.

Hello, my name is Catherine Clark, and my address is 16 Common Street Mobile.

All right.

And this is regarding a fence within a front setback.

You want to tell us why we should consider it.

So this is for a fence along Cottage Hill Road for Cottage Hill Baptist Church and School for and this will help to increase security at the school.

We've already been approved for a fence along Demetropolis, and we just would like to do the same fence along Cottage Hill.

It says eight feet, but it'll be a six-foot fence, aluminum, and just there's people outside of the school that cut through the property, and so there have been issues and security issues at the school, and so they would just want to try to deter that from happening.

Okay.

Um does this impact, and I don't know how you say it.

Big pen drive as far as access.

No, there it won't be any impact to any of the access on on any anywhere.

So Dimetropolis has been approved.

We just want it along Cottage Hill, the same as Demetropolis, but it will not impact Thick Pen.

Okay, I thought for some reason when we had this last that we had already approved Cottage Hill.

I'm somewhat confused.

At the last uh the last time that this site was before the Board of Adjustment, the fence along Cottage Hill is proposed to be in the right of way.

So when the site went to the non-utility right-of-way use committee, they had some issues with the materials that they were proposed.

So now the applicant is proposing to put that fence on the private property instead of in the right of way.

Okay.

That clarifies.

All right.

And what's illustrated on the rendering here is everywhere there'll be a fence.

Is there any gates this time?

There's no gates.

The there will be openings at the driveways and sidewalks if a sidewalk crosses.

I don't think there are, but and it's still a metal correct open.

I mean, you can see through the fence.

Yes, that's correct.

Okay.

All right.

Any questions of the board?

I have a quick question for staff.

Yeah.

So this was approved.

The height was approved at this board on Cottage Hill, and then they changed the site plan to move the fence back on the proper private property and triggered it to come back here.

Not quite.

So the previous application was just for the fence along Demetropolis.

At that time, the road, the fence along Cottage Hill is proposed to be in the right of way.

So since uh the engineering department has and the applicant were not able to come to an understanding to allow that in the right of way, they're pushing it back to private property.

And because the board only approved on Demetropolis, they're back before you for consideration along Cottage Hill now.

Okay, any further questions?

Okay, we did have public comment on this one if I remember right.

We did receive one comment uh primarily about the uh the think pin drive closure that the city is considering separately from this application.

Okay, that's where I was questioning if it was impacting that drive.

Okay, all right.

Any other questions of the board?

Okay, all right.

Do we have anyone in support?

Anyone in opposition today?

Okay, we have none for the record.

That'll conclude our public hearing regarding the application.

Further discussion of the board.

All right, with that chair entertain a motion.

I'll move to approve.

What's clarify something?

It's six foot fence, right?

Yeah, not an eight-foot fence.

Correct.

Okay, we need to make sure move to approve as a six-foot fence as referenced by the applicant.

Okay, I have a motion to approve a six-foot fence.

Do I have a second?

Second.

I have a second.

Any further discussion?

All those in favor of the motion say aye.

Aye.

Anyone opposed?

Motion carries.

Good luck to y'all.

All right.

Do we have any other business for today?

Mr.

Anderson, any how's our legal activity?

Um on the highway 90 car lot, uh, they've been notified uh of the judge's order in about two more weeks, then if they don't move them, we'll enforce the judge's order.

Um I know I've got other BOA cases, but nothing in the immediate future, nothing in the next two months.

Uh for the staff, I I took that route today just to see how much that is a very common practice with all those car lots as you get closer to that site.

Some are actually out in the road in some of those areas, they're not even in the right-of-way.

I mean, they're they're actually parked along the road.

Um, so it may not be bad just to send a crew out there and just visit all of them.

But uh anyway, thank you, Mr.

Anderson.

Any other business?

Do we have anything for okay?

With that, chair say we conclude our meeting.

Thank you.

Have a good holiday time, and we'll see you next time.