Board of Adjustment Meeting - January 5, 2026

The Board of Adjustment convened on January 5, 2026, to consider requests for extensions, variances, and zoning waivers. The agenda included routine extension requests, a sidewalk connection modification for a commercial building, and complex variance applications regarding 122 Michael Donald Boulevard involving disputes over contractor payments and unit counts. The Board approved most requests after deliberation but held over one application to encourage a rezoning process and approved the final site coverage variance for a historic property.

Consent Calendar

• Approved the agenda as presented via unanimous vote (Aye, Aye, Aye). Quorum was established with Mr. Williams acting as a supernumerary member in the absence of Mr. Adison and Mr. Petway.

Public Comments & Testimony

• Mike Finland (JMF Construction): Expressed strong opposition to the approval of variances for applications related to 120 and 122 Michael Donald Boulevard. The speaker argued that the applicant, Mr. Brown, fraudulently obtained permits and failed to pay licensed contractors (plumbing and electrical) totaling $47,300. He requested a delay until the civil dispute was resolved and asked if the Board would allow a vendor to "run a scam" in the city. He acknowledged that the Board's jurisdiction is limited to zoning but emphasized the financial hardship his subcontractors face.
• Kelvin Brown (Applicant for 122 Michael Donald): Responded to the public comment by stating he is a Mobile native and a licensed contractor. He expressed position that the issues raised by Finland are a civil matter unrelated to the zoning variance. He stated that city inspectors determined the plumbing, electrical, and framing work performed without proper permits had failed inspections, and therefore, no payment is due under his contract which requires work to pass inspection.
• Board Member Jeremy Anderson: Expressed concern that the Board should not use this forum to adjudicate civil disputes and stated that the contract disputes have "nothing to do with its application" regarding the variance decision.
• Board Member Doug Milling: Expressed uncertainty and objection regarding the variance for the vacant lot (122 Michael Donald), stating he saw no financial hardship as a vacant lot could legally be developed as a single-family residence. He argued that rezoning, rather than variance, was the more appropriate legal path given the street's character and the lack of hardship.
• Board Member Metcalf: Expressed support for reviewing the application as an individual parcel but voiced concern that holding the adjacent vacant lot over for six months would create an unnecessary financial hardship for the applicant on this specific property.

Discussion Items

• Extension Requests (133 Eaton Square & 5201 Girby Road): The Board discussed requests for six-month extensions for applicants Millie Noblet and Robert Clay Buckley. Both applicants acknowledged delays due to utility and engineering permit processing. The Board discussed the standard duration and confirmed the need for patience regarding ongoing construction hurdles.
• 27-12 Old Shell Road (Application 6620/6626): Board members discussed a side yard setback variance and a sidewalk connection waiver. The primary issue was that raising the finished floor elevation by six inches to accommodate curb height created a slope too steep for ADA-compliant sidewalk access from Old Shell Road to the building entrance. The Board noted that while ADA-compliant parking exists, the required public pedestrian connection was impossible to meet within code. Staff clarified the UDC requires a pedestrian connection to the primary accessible entrance.
• 120 & 122 Michael Donald Boulevard (Applications 6722 & 6721 context):
  • Board Deliberation on 120 (Vacant Lot): The Board debated the hardship argument for a vacant lot being developed as a four-unit building when the area is zoned R1. Board members noted that adjacent properties are grandfathered multifamily units, but the Board generally felt rezoning or a Planned Unit Development (PUD) was more appropriate than a variance for such a change in use on a clear lot.
  • Motion to Hold Over: A motion was carried to hold over the application for 120 Michael Donald Boulevard for six months to allow the applicant to pursue a rezoning process with the Planning Commission and City Council. Board members argued this would allow for a neighborhood meeting and a more appropriate legislative action.
  • Application for 122 Michael Donald: The Board discussed the request to legalize a fourth unit in an existing structure legally permitted as three units, along with access and parking variances. Concerns were raised regarding the 18-foot shared driveway versus the 24-foot code requirement and the lack of landscaping. The applicant argued the building was historically a four-unit and that the fourth unit was already constructed. The Board noted that the applicant has been working with the city to address the discrepancy.
• 601 Palmetto Street (Application 6721 - Separate Item): The Board discussed a side yard setback variance and front yard side coverage variance for a historic home. The applicant demonstrated that the encroachment was due to historic street widening and the unique layout of the midtown neighborhood. Staff confirmed no public opposition.

Key Outcomes

• 133 Eaton Square: Approved a six-month extension for the site plan variant.
• 5201 Girby Road: Approved a six-month extension for the permit process.
• 27-12 Old Shell Road: Approved the side yard setback variance and the waiver of the sidewalk connecting requirement with findings of fact (Support). The Board accepted that the ADA compliance for the entrance is achieved via the parking lot route, waiving the direct sidewalk connection.
• 120 Michael Donald Boulevard: Held Over for six months with a directive for the applicant to pursue a rezoning application. The motion passed with a vote of 6 to 1.
• 122 Michael Donald Boulevard: Denied based on the failure of a motion to approve the variances for use, parking, and tree planning to secure a second. Staff clarified that the property may proceed legally as a three-unit non-conforming use without the requested variances. No vote was recorded for approval due to the procedural failure.
• 601 Palmetto Street: Approved the side yard setback and coverage variances with findings of fact based on historic context and lack of adverse effect on public interest. Vote tally: All Aye.

Note: Discrepancy noted between the applicant's claim of historical four-unit usage and city records permitting only three units; Board members noted the need for the applicant to navigate the civil contract disputes separately.