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Record of Proceedings

Mobile Board of Adjustment Meeting – September 14, 2026

City Council Meetings — Monday, September 14, 2026
BodyMobile, Alabama
SessionCity Council Meetings
DateMonday, September 14, 2026
StatusFILED
Video Record
0:00 / 1:22:47

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:00

2028 or excuse me 2026 Board of Adjustment to Order.

0:05

Um first I've got some rules to announce and basic operating procedures for the meeting.

0:11

I would ask that if you got electronic device, first of all, that you turn on silent or off so we don't have a disturbance during the meeting.

0:18

If you have any handouts that we have not received already, if you'll give them to the staff so we can disseminate those now, it'd be beneficial so that we don't have to stop and try to do that through the meeting.

0:32

All right.

0:33

So first of all, uh as you have an agenda item called, we'll ask that the applicant come to the podium and give their name and address for the record.

0:44

If you've got more than one, I'm gonna ask the same thing again for the next application.

0:50

There we have a limit of four people to speak in four in favor of an application or a request and for an opposition.

0:58

If you've got more than four, pick your best four, as I always say.

1:02

You have five minute time limit when you get to four the fourth minute and you have a minute left, they'll give you a little reminder.

1:11

Um, and then if you will summarize it.

1:14

If we ask questions or we feel we need more information, we can extend that time, and that's at my discretion.

1:20

Um we'll try to be considered everyone's time here today.

1:25

And the applicant after that will get a two-minute re opportunity for rebuttal to explain or answer any of the questions that may come up from uh statements.

1:36

Uh after that's completed, I'll call for the end of public hearing and then we'll go into deliberation of the board.

1:44

The board's decisions will be made will be made at that point or a recommendation either for a holdover or whatever.

1:53

And then if you have questions, the planning department's number is 251 208 5895.

2:01

And if there's a decision of the board that is appealed, it's appealed to circuit court.

2:07

And let's see what else may I say at this time.

2:12

If there's any board member that has uh uh need to recuse themselves, we'll have a supernumerary fill in during their time period, and then we'll have that opportunity for that board member to come back to the uh to join the board.

2:30

All right, I think that's pretty much it.

2:32

We'll start with uh roll call and then we'll go from there.

2:37

All right, starting with Mr.

2:38

Metcalf?

2:39

Here, Mr.

2:40

Golden, Mr.

2:42

Milling, Mr.

2:43

Pettway.

2:45

Okay, absent.

2:47

Mr.

2:48

Morris?

2:48

Yeah, Miss Farrell.

2:51

Okay, absent.

2:52

Mr.

2:53

Atchison?

2:53

Yeah, Mr.

2:55

Williams?

2:55

Here, and I'm William Guest, so we have a quorum.

2:58

We also have at least one serving in a supernumerary position at a time.

3:04

We'll alternate as needed.

3:06

And with that, we'll entertain a motion to adopt the agenda as presented.

3:13

So move.

3:14

Have a motion to approve.

3:15

Do I have a second?

3:16

Second.

3:16

Have a second.

3:17

Any further discussion?

3:18

All those in favor say aye.

3:20

Aye.

3:20

Aye.

3:21

Anyone opposed?

3:22

Agenda is adopted as presented.

3:24

All right, we're gonna go in order and starting with the holdover, which is 6675, 4708, 2160, 676, 437 regarding 1308 Old Shell Road.

3:39

If the applicant, yes, I'm gonna say that.

3:41

And Mr.

3:42

Golden is going to recuse themselves, and we'll start with um Mr.

3:47

Williams on this one as the supernumerary.

3:50

Don't we need both of them because we have two absences?

3:53

Yes, you're right.

3:54

Thank you for that.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████41%
Procedural█████████9%
Public Safety█████████9%
Building Safety█████████9%
Historic Preservation██████6%
Public Engagement██████6%
Engineering And Infrastructure█████5%
Signage Regulations█████5%
Affordable Housing████4%
Summary of Proceedings

Mobile Board of Adjustment Meeting – September 14, 2026

The Board of Adjustment met on September 14, 2026, with Chair William Guest presiding. A quorum was present. The board considered one holdover variance, three extension requests, and eight regular business items, including variances, special exceptions, and sign approvals. All decisions were made with unanimous votes unless noted.

Consent Calendar

  • Agenda Adoption: The board adopted the agenda as presented by unanimous voice vote.

1. Holdover Variance – 1308 Old Shell Road (Case 6675)

  • Applicant: Zevin Burdett. Originally sought lot size and setback variances for 10 lots; revised to 8 lots, now only requesting side setback variances.
  • Public Comments: Comey Hall Sr. (11 N. Ann St.) opposed, citing historical family home and incompatibility. John LeParry (115 N. Ann St.) opposed, stating eight houses still too dense for the neighborhood, noting the historic district.
  • Board Discussion: Board noted the applicant had not met with the opposition. Applicant stated they met with the Old Dolphin Way Neighborhood Association.
  • Vote: Motion to approve with findings of fact and conditions. All ayes.

2. Extension – 2600 Burden Lane (Case 6537)

  • Applicant: Stephen Harvey for Alabama Export Railroad. Fourth extension request for a large project involving wetlands, Corps of Engineers, and multiple agencies.
  • Public Comments: None.
  • Board Discussion: Board acknowledged complexity and granted extension.
  • Vote: Motion to extend one year. All ayes.

3. Extension – 401 St. Louis Street (Case 6689)

  • Applicant: Stephen Howell. Second extension for a project with survey issues and coordination with St. Louis Complete Streets.
  • Public Comments: None.
  • Board Discussion: Applicant requested 90 days; board granted 6 months.
  • Vote: Motion to extend six months. All ayes.

4. Extension – SE Corner St. Louis and N. Claiborne (Case 6690)

  • Applicant: Same as above, same reasons.
  • Vote: Motion to extend six months. All ayes.

5. Use Variance – 2260 Pesno Court (Case 6776) – Brookside

  • Applicant: Arthur Marquez for Brookside. Request to add office use (vision, hearing services) to R3 senior campus.
  • Public Comments: None.
  • Board Discussion: Board asked about intended uses and parking. Applicant stated overparked. Approved with conditions.
  • Vote: Motion to approve with findings of fact and conditions 1-6. All ayes.

6. Side Street Setback – 429 Lincoln Boulevard (Case 6777)

  • Applicant: Zeke Hudson. Request to reduce side street setback from 25 to 10 feet for three-lot subdivision. Previously approved but expired.
  • Public Comments: None.
  • Board Discussion: Noted previous approval.
  • Vote: Motion to approve with findings of fact and conditions. All ayes.

7. Special Exception – 1501 Spring Hill Avenue (Case 6778)

  • Applicant: Derek Smith. Same special exception as previously approved, but expired without permit.
  • Public Comments: None.
  • Board Discussion: No changes.
  • Vote: Motion to approve with findings of fact A-L and conditions 1-4. All ayes.

8. Sign Variance – 3680 Dolphin Street (Case 6779)

  • Applicant: Tom Winters for Bryant Bank. Request for three signs on building with three frontages. Signs already installed after permits for two.
  • Public Comments: None.
  • Board Discussion: Applicant explained signs were installed per permits; third was discovered at final inspection.
  • Vote: Motion to approve with findings of fact. All ayes.

9. Lot Coverage and Setback – Marston Lane (Case 6780)

  • Applicant: Zach Valley. Request for 5% additional lot coverage and 5-foot setback reduction for irregular lot.
  • Public Comments: Several written comments in support (on iPads).
  • Board Discussion: Board found it consistent with neighborhood.
  • Vote: Motion to approve with findings of fact. All ayes.

10. Residential Variance in Industrial Zone – Vanderbilt Drive (Case 6781)

  • Applicant: Jake Mosley. Request to rebuild single-family house on lot zoned I-1.
  • Public Comments: Arthur Clayton White spoke in support, also raised historical family property and reparations issues.
  • Board Discussion: Noted one written comment from Mr. White.
  • Vote: Motion to approve with findings of fact and condition #1. All ayes.

11. Multiple Variances – 1600 Michigan Avenue (Case 6782) – Public Housing Redevelopment

  • Applicant: Catherine Clark and Rashawn (Figures Construction). Redevelopment of 8.6 acres into 56 townhomes. Variances for setbacks, street trees, landscape area.
  • Public Comments: Fay Malone (1617 Prairie Ave.) opposed, citing crime and bullets from previous housing. Applicant clarified project is new construction, not renovation, and will tear down existing dilapidated buildings.
  • Board Discussion: Board concerned about landscaping; applicant committed to preserving some trees. Approved with conditions.
  • Vote: Motion to approve with findings of fact and conditions 1-5. All ayes.

12. Variance Renewal – 263 Dolphin Street (Case 6783)

  • Applicant: Fred Renfrey (Downtown Mobile Alliance) for Boxout. Renewal of previously approved variances that expired. Project stalled due to COVID, code changes, permitting issues.
  • Public Comments: None.
  • Board Discussion: Extensive discussion about project delays. Board expressed frustration but recognized need to avoid blight. Staff recommended 12-month condition for CO. Board removed condition #2 (which required CO in 12 months) and noted variance valid for 6 months to obtain building permit.
  • Vote: Motion to approve with removal of condition #2, subject to six-month permit validity. All ayes.

Key Outcomes

  • All 12 agenda items were approved unanimously.
  • Variances and extensions granted as detailed above.
  • The board approved minutes from previous meetings (Jan 5, Feb 2, Mar 2, Apr 6, May 4, Jun 1, Jul 13).
  • Next meeting scheduled for October 1, 2026 (first Thursday meeting).

Meeting Transcript

2028 or excuse me 2026 Board of Adjustment to Order. Um first I've got some rules to announce and basic operating procedures for the meeting. I would ask that if you got electronic device, first of all, that you turn on silent or off so we don't have a disturbance during the meeting. If you have any handouts that we have not received already, if you'll give them to the staff so we can disseminate those now, it'd be beneficial so that we don't have to stop and try to do that through the meeting. All right. So first of all, uh as you have an agenda item called, we'll ask that the applicant come to the podium and give their name and address for the record. If you've got more than one, I'm gonna ask the same thing again for the next application. There we have a limit of four people to speak in four in favor of an application or a request and for an opposition. If you've got more than four, pick your best four, as I always say. You have five minute time limit when you get to four the fourth minute and you have a minute left, they'll give you a little reminder. Um, and then if you will summarize it. If we ask questions or we feel we need more information, we can extend that time, and that's at my discretion. Um we'll try to be considered everyone's time here today. And the applicant after that will get a two-minute re opportunity for rebuttal to explain or answer any of the questions that may come up from uh statements. Uh after that's completed, I'll call for the end of public hearing and then we'll go into deliberation of the board. The board's decisions will be made will be made at that point or a recommendation either for a holdover or whatever. And then if you have questions, the planning department's number is 251 208 5895. And if there's a decision of the board that is appealed, it's appealed to circuit court. And let's see what else may I say at this time. If there's any board member that has uh uh need to recuse themselves, we'll have a supernumerary fill in during their time period, and then we'll have that opportunity for that board member to come back to the uh to join the board. All right, I think that's pretty much it. We'll start with uh roll call and then we'll go from there. All right, starting with Mr. Metcalf? Here, Mr. Golden, Mr. Milling, Mr. Pettway. Okay, absent. Mr. Morris? Yeah, Miss Farrell. Okay, absent. Mr. Atchison? Yeah, Mr. Williams? Here, and I'm William Guest, so we have a quorum. We also have at least one serving in a supernumerary position at a time. We'll alternate as needed. And with that, we'll entertain a motion to adopt the agenda as presented. So move. Have a motion to approve. Do I have a second? Second. Have a second. Any further discussion? All those in favor say aye. Aye. Aye.

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