Mobile Board of Zoning Adjustment Meeting - October 1, 2026

The Mobile Board of Zoning Adjustment held a regular meeting on October 1, 2026, at 7:00 PM. The board considered multiple variance applications, including a high-profile request for a use variance to allow a 6,500-square-foot grocery store (Food Pack) on a residentially-zoned lot at 5070 Old Shell Road. Extensive public testimony was heard from neighborhood residents opposing the variance. After discussion, the applicant requested a 30-day holdover, which was granted. Other applications were approved or held over.

Public Comments & Testimony (Food Pack Application)

• Kelly Myers (resident at 4270 Horloester Court, 250 feet from site) spoke in opposition. She described the neighborhood's history of fighting commercial development, noted that 87% of responses from within a 1,400-foot radius were in opposition (as stated in a prior Planning Commission meeting), and argued that the proposed use would increase noise, traffic, and light pollution, reduce privacy and property values, and create safety hazards for children using a nearby park. She submitted photos showing delivery trucks.
• Kyle Ankerson (resident at 159 Border Drive West) opposed, stating there is no hardship because the lot could be used for residential (a residential contract existed). He argued the variance would adversely impact neighbors, citing Planning Commission findings of incompatibility. He noted the site plan uses a narrow alley and creates safety risks.
• Linda St. John (President, Village of Spring Hill) opposed, stating no hardship, that residential development is viable, and that alternative commercial locations exist. She said the applicant knowingly purchased R1 zoned property. She argued the variance would undermine the master plan and set a precedent.
• Thomas Myers (resident at 4270 Horloester Court) opposed, detailing that the request fails all three criteria for a variance (public interest, hardship, substantial justice). He noted the Planning Commission unanimously denied a rezoning and the proposed grocery store is over twice the size of the existing Food Pack.

Discussion Items (Food Pack)

The applicant's representative argued that the lot was historically labeled "commercial lot" and that the design meets all requirements except use. The owner is committed to a quality project. Board members asked questions about delivery trucks (panel trucks, not 18-wheelers), building materials (masonry/brick), and site plan specifics. The board noted that the applicant had submitted documentation for reduced parking and landscaping making some prior objections moot. The vice chair reminded that this is simply a use variance.

Key Outcomes

• Food Pack Use Variance (Case 6669): The applicant requested and was granted a 30-day holdover. The matter will return to the Board of Zoning Adjustment on November 5, 2026, after the City Council reviews the related rezoning on November 3, 2026.
• Variance for 852 Spring Hill Avenue (Case 6784): Approved unanimously, allowing reduced glazing on one elevation for a residential/office conversion.
• Variance for 407 Hillcrest Road (Case 6785): Approved unanimously, allowing professional office use in a former residence, subject to conditions.
• Variance for 2459 Third Avenue (Case 6786/6647): 30-day holdover granted to allow applicant to bring site into compliance with court-ordered conditions (screening, permits) and provide revised site plan for a shed.
• Density Variance for 700 W I-65 Service Road (Case 6787/6692): Approved unanimously for 240 units (revised to 217), as previously granted but expired after six months.
• Sign Variance for 2040 Schillinger Road (Case 6788): Approved unanimously, but without the electronic message board. Five wall signs and a freestanding sign allowed.
• Variance for 251/255 St. Louis Street (Case 6789): Approved unanimously, allowing additional curb cuts and combined use, with condition to coordinate with St. Louis Street project manager.
• Multiple Variances for 250 St. Francis Street (Home2 Suites) (Case 6790): Approved with conditions: allowed reduced transparency, two-foot awnings, and dumpster enclosure in right-of-way with wheeled dumpsters (curb cut width variance denied; enclosure materials to match hotel).
• Driveway Variance for Newman Lane (Case 6792/6752): Approved unanimously for three modest houses.
• Sign Amendment for Wawa (Case 6791): Approved unanimously, allowing Wawa to add copy to existing multi-tenant pylon sign.