Call the meeting to order.

This is the uh meeting for the Board of Adjustment for July 13th, 2026.

I'd like to take the moment to uh um review some of our operating procedures.

Our meeting is divided into two sessions the public hearing session and the deliberation session.

In the public session, excuse me, in the public hearing session, I uh agenda items will be called.

The applicant will be asked to make their presentations, board members will ask questions, members of the public may make their comments.

Only four people may speak for an agenda item, and four people against.

Each speaker is limited to five minutes, subject to questions by the board.

At one minute remaining, you'll hear a warning bill or be prompting you to summarize your comments after the opposition speakers have finished the application.

Uh the applicant is allowed two-minute rebuttal.

If you intend to speak, come to the podium, speak into the microphone, and provide your name and address for the record.

Direct all comments to the board only and not to the applicant, staff, or the audience.

After the session, all applicants' applications, the board will go into deliberation session.

In that session, the board members discuss each application with input from staff as necessary, but no input from the audience.

The board then votes on each item.

Results of the meeting can be learned from the planning department at 251-208-5895.

If some issues arise during the deliberation session that were not addressed in the public hearing, the chairman has discretion to allow additional comments pertaining to those issues in order to resolve them, or call for the application to be held over for discussion at a future meeting.

Occasionally a board, uh a board member may recuse themselves from discussing and voting on a given application.

A recusal does not mean that the member is directly involved with the application or applicant.

However, depending on the circumstances, ethical rules may require a recusal, even if there's only the slightest appearance of conflict of interest.

We have one today.

Everybody please turn off their cell phones or electronic devices at this time.

Uh commissioners and staff, please.

We'll have a roll call.

Um, Mr.

Golden.

Yeah.

Mr.

Milling?

Here.

Ms.

Petway?

Here.

Mr.

Morris?

Here.

Ms.

Farrell?

Here.

Mr.

Atchison?

Mr.

Williams.

Absent.

And William Guess is absent, and I'm Adam Metcalfe.

So we have one.

We do have a quorum.

All right.

We will move on to our first agenda item, which is case number 6722.

122 Michael Donald Avenue.

Is the applicant here?

Oh.

Yes, we need to adopt it at the agenda.

All in favor say aye.

Any opposed?

All right.

It's adopted.

All right.

Is the applicant here for 122 Michael Donald Avenue?

I know I noticed in the SNAF report that he was given the applicant was given six months to go for a rezoning, which that has not been done.

That is correct, yes, sir.

Have you all heard from him?

We have not been provided anything from the applicant since the uh January meeting.

So in his absence with doing that.

Well, all right, so we can deny the motion.

I mean the application.

Well, discussions of the board.

First, is there anyone here in opposition or um in favor of this application?

None.

Discussions.

Any motions.

I'll make a motion to uh deny the application.

You have a second.

Second.

All right.

We have motion to deny.

All in favor, say aye.

Aye.

Aye.

Opposed.

Motion carries.

That was easy.

All right, case numbers 6761 and 6701, 2449 and 2453 Oslava Creek Parkway.

Welcome back.

Um if I if I may, before the applicant gets started, I just want to um let the staff uh the board know that they did submit a revised uh site plan to us last week after reports were published.

So the revised uh site plan is on your iPads.

Uh it's labeled as revised site plan 71026.

Uh they reconfigured the parking layout so that way the uh request for the variance to uh grant relief for the landscaping aisle every 12 parking spaces is no longer needed.

Okay, all right, welcome back.

You want to tell us why we should approve your application?

Yes, please.

So the reason we might yep, please, and name and address for the record.

Yeah, uh George Coles, 457 St.

Michael Street.

Um, the reason we modified the layout from last time that we've been in discussion with Alabama Power about the site layout, and they requested that we move the East Attention Pond uh out of there right away.

So we just kind of reconfigured the parking parking lot, it's the same number of spaces, and as Marie said, no longer needs the landscaped islands.

Um we've got 35 spaces.

Um we you know this also has the uh we also are here for the setback variance, which was previously approved and was uh allowed to expire.

Um other than that, nothing's changed since last time I was here.

Okay, and staff you're y'all are happy with everything that they've submitted, yes, sir.

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

Is there anyone here in the audience in uh opposition or in favor of this application?

None.

All right, discussion of the board, Mr.

Chairman.

I can make a motion that we approve uh subject to findings of fact.

Okay.

Um second, do we have a second?

Second, all in favor say aye.

Aye, all opposed.

Motion carries.

All right, this is case number sixty seven sixty-five, twenty-four ninety-seven, and twenty-two eighty-six.

All right, Mr.

Asterson is going to uh um step out on this one.

Who's gonna make the application?

Who's gonna make your presentation?

Name and address for the uh record, please.

Hey, Joey Veglasic, 216 Rochester Road, Mobile 36608.

All right, you want to tell us about it?

Sure, yeah.

This is a former Circle K convenience store, been vacant for about 15 years.

Uh they closed uh this store and opened a brand new gas station adjacent to this.

Uh we we acquired the property from Circle K and we intend to renovate the the existing building to be a um a laundromat with an employee on site, and here are the here's the site plan.

We're gonna have parking in the front and just renovate the existing structure.

It's dilapidated, um, windows broken out.

Um we're gonna re renovate the entire building and and turn it into a laundromat.

Um normal business hours, 5 30 in the morning to roughly 10 or 11 at night.

We will be closed overnight.

Uh we just opened one on Dolphin Island Parkway.

It's been successful and um it's very these are safe environments, playing environments with an employee on site.

That's the that's the purpose of the application.

We had a pre-development meeting they recommended we go for the variants, which has been approved twice before for the gas station.

It's it's been operating under a variance um for its entire life as far as as I'm aware.

It is zoned R4.

Um, there's some surrounding multifamily, but it's also adjacent to a gas station and office buildings.

Right.

Uh question for the staff.

Um, how about the parking?

Does it meet um requirements for the use?

So we're not entirely sure uh because the total square footage of the structure was not provided with the application.

However, uh, they do show six parking spaces on the uh site plan and there is room for more.

So one of the recommended conditions of approval.

Uh I'm sorry, I'm a speaking.

Um, I thought it was a recommendation uh for a condition of approval, but it may not be now that I'm looking at it, was uh to verify the uh the parking compliance so we could uh have it approved with a condition that the applicant provide uh those calculations and depict compliant parking.

Okay, and if it were necessary um because of the business, could would you all add more striped spaces?

We have plenty of concrete and asphalt to work with.

Yeah, we can add some spaces.

Okay.

The building is 60 by 40, it's 2400 square feet.

Get that 2400.

So if uh if the building is 2400 square feet, then six parking spaces would be sufficient.

Yeah, good deal.

Is that it?

That's all I have questions of the board.

No, um I personally think that you have a clear hardship in this case.

Um I personally think that you have a clear hardship in this case.

You're certain, you know, you're surrounded by R3.

There's no chance of R3 there.

So I think you've met that.

But anyway.

Is there anyone here in the audience in favor or an opposition of this application?

All right, with none.

Um discussion of the board.

Motion to approve.

Got a second.

Got a motion to approve.

Second.

All right, second.

All right.

All in favor of the application.

Say aye.

Aye.

Opposed.

None.

Motion carries.

Thank you.

Welcome back.

All right.

Case number 6766, 6622, 3995.

Canopy Partners LLC.

Hello.

Name and address for the record, please.

Bruce Smith, uh CMG Engineers, 457 St.

Michael Street, representing uh Canopy Partners.

Um, this came before y'all, I guess, uh two years ago.

Uh, in 2024, it was uh recommended for approval or it was approved.

Um, unfortunately, it expired without any permits being pulled, and so um now the owner is ready to get started.

We've got some uh construction drawings that'll be uh set in the next couple weeks, ready to get started.

So we're back before y'all again to get to get a special exception to allow uh uh in excess of 40,000 square feet in a B3 zoning.

Um where the building will be 60,000 square feet.

Um the building layout and everything is and in use is uh the same as it was approved in 2024.

Um the surrounding areas the the the owner she owns all of that, and so she owns uh the Dollar Tree on the east side of the property as well, and so over the years has been uh quite difficult to get tenants in those buildings.

I believe four to six years ago.

Um they went through some renovations on the east building and hopes to attract some tenants and did not have uh did not have very much success.

So um trying to find a a usable uh uh you know usable use for this property.

Um the exam uh the one of the main issues with the property that from that we heard from the from the neighbors when we had uh neighborhood meetings for the rezone.

Um there's a heavy homeless population that kind of uses that property.

Um and so in talking with the with the uh neighbors, they were pretty excited to have uh a usable uh tenant in that location to kind of keep keep that to keep that out.

And so uh actually had one of the one of the neighbors contact me two weeks ago.

They were somebody was illegally dumping construction waste um behind the building, and he he texted me pictures and was asking me if I could get the owner to try to try to get that out of there.

So I was there this morning, and there's oh yeah, there was trash out there material as well as some homeless.

So yeah, yeah.

So there everybody's uh ready to move forward and and try to get this into a um a usable space for that area.

So I'm happy to answer any questions y'all y'all have for me.

Board have any questions from the applicant?

All right, is there anyone in the audience here uh in favor of um or against this application?

I do have okay, yes, yeah, sir.

Is there a tenant already lined up?

That there is not she's been uh talking with um some people trying to do that.

I I'd heard that there may be been some potentials, but um really the the goal is I think is to try to try to build it and and some some three there's there's there's three to or two demising walls.

Um so that should they hope to be get one tenant, um, but likely probably three separate ones depending on the the availability and what kind of what kind of folks she can get in, but um, but yeah, so no nobody's lined out right now.

Yep, you let docks on the front, yes, docks are on the front, um, security cameras.

Uh I know that one of the requirements was a photometric study.

We've got we'll we'll have that.

We'll have uh lighting, but not put you know, we'll we won't have any uh light pollution to the to the west.

There's an existing vegetation buffer um that I'm I'm on the next agenda item for as well.

We'll all that one after that.

Yep, yeah.

So um, yep, docks are all be on the front.

The traffic will come in from the north entrance and exit on the south entrance.

Okay, all right, thank you.

I wrote I got a question.

I remember last time this was presented.

There was discussion about the fence on the west side, and it's a current chain length.

That's the next application.

This is never mind this is for special exceptions.

We'll get to that one.

All right, thank you, sir.

All right, any questions of the board uh or any discussion of the board for the special exception?

For clarification, I didn't hear the question understand this question.

Excuse me.

I didn't understand it, of course.

Yeah, added I was just asking if they already had a tenant lined up or if there was still looking for one, yeah.

And they're still looking for one.

So it's the spec building.

Okay.

All right.

That being the case.

Um do we have any motions?

I'll move to approve.

Um considering considering findings of fact A through L.

All right, A through L and we got a second.

Second.

Okay.

All in favor say aye.

Aye.

All opposed.

Motion carries.

All right.

You want to come back up?

Okay, she's moved.

Yeah.

All right.

Tell us about the fence.

Uh all right, Bruce Smith, 457 St.

Michael Street.

So on the west side of the property, there's a a very well-established vegetation buffer.

Um, and and in that vegetation buffer is a chain link fence with slats that go they go diagonal to create the to create the to create the uh visible buffer for for the neighbors.

Um the the new requirements require a six-foot wooden fence.

Um, and so we're asking for the uh option to leave the existing fence in place and repair it.

There are some limbs that have fallen over on it over the years.

Um we'll replace those and replace any damage slats.

Um, but but I do feel like going in there and removing that fence and then constructing a new six-foot fence, wooden fence through that is gonna damage a lot of the existing vegetation that the neighbors would like to keep in place because it does provide a pretty good visual buffer.

Um and and it would it that that's that's the main reason.

I I don't want to hurt the existing vegetation buffer, and and the neighbors have expressed and I'm unfortunately I wouldn't when uh Mr.

Howe, one of the neighbors uh him and I talked to uh two weeks ago, um, he said he was gonna send me an email in his support of the chain link fence because he wanted to let me know that they were dumping trash, but also because he knew that we had always we had already been through this round one time with with this project.

He didn't know if anything was changing, and I told him that everything was staying the same, but that we were asking for the chain link fence, and he was I know y'all can't take my word for it.

Fortunately, unfortunately, I don't have the the email, but um he was in favor of that as well because they they do want to keep that that chain link fence that they have back there.

So um that's really what the what we're asking for.

I understand any questions for the board Doug?

Um I did your word for if we know we'll be back one day in another application.

That's right, yeah.

I did go by there.

I did go by there this morning, and you're exactly right.

That vegetative area gotta be 12 feet deep.

Yeah, and there's a big trees right running.

That's been established a long time.

There was only a section, maybe maybe 12 feet again that was that you could see the fence.

Yeah, yeah, everything else is just totally you know, totally covered up.

We'd like to preserve that if if we if we can.

Yeah, totally agree.

All right, thank you.

Thank you.

Anyone here in the audience um in favor of or against this application?

All right, having none discussion of the board.

Any motions.

Uh motion to approve, Mr.

Chairman.

Subject to findings of fact.

All right, we have a uh um have a motion.

And we have we have a second.

Second.

All right, we have a second.

All in favor of this application, say aye.

Aye.

All opposed.

Motion carries.

Thank you.

Do we have any other business?

I will report um on your favorite application.

Yeah, uh, the judge, we we filed a motion to compel on the uh car lot on highway 90.

Uh not motion to compel, a motion for sanctions.

And um, she the judge asked us late last week to present a proposed order, which we submitted to the court this morning.

It includes a uh five hundred dollar a day fine starting the day after she enters the order.

Um and also we're working with the cities.

I forgot exactly if it's David Dolphinbach that's doing it or he's getting it done where they're going to put uh a seven-day warning ticket on the cars that are in the right of way.

Yeah, and if they're not removed within seven days, uh the police department will have the authority to go by and and remove them, at least the ones in the right of way.

Well, it in the right of way, and then in the order, uh it says if they're all not removed within 30 days, then the uh city has a right to go on the property and remove those on the property and the right of way.

So we're getting there.

What's the other side said?

I mean never heard from them.

The owner, uh chat chassidy uh came to a hearing and kind of said, I'm sorry, I'll talk to the tenant.

And uh we haven't she hadn't returned our calls in a month.

We were gave her every opportunity to comply and uh just no nothing.

How about the other lots that are people parked that are parking in the right of way?

Is there any does the city have any?

There's other there's other car lots right in there, and I think they're parking in the right of way too.

Is that the case, or do you all know?

Oh, anyway.

That there is uh a car lot in that area that's zone B3, but they're still not supposed to be parking things in the right of way, and I'm sure they probably are.

Well, that's date anyway, isn't it?

Yeah, okay.

All right.

Thank you.

Meetings adjourned speed value.

Huh?

Yeah.

Yeah, we got her done.