Forward it to the board directly.

At this time I'd like to introduce staff and members of the board.

Uh Hudson Cheshire, Associate City Attorney.

Joe McKin Josh McKinney, zoning administrator.

Limma Leary, planner.

Ask at the board members introduce themselves, starting with my left.

Mary Catherine Holt.

Rodney Pelt.

Michelle Coley, Chair.

Paul Rollins Jr.

Joe Robinson.

Now, by virtue of state law and city ordinances, the purpose of the zoning board of adjustment is as follows.

Here's appeals from zoning officers' decisions.

Grant special exception to zoning code in accordance with the terms as established by the city council.

Now grants variances from the zoning code when strict enforcement creates unnecessary hardship.

Now circumstances that are not hardship include those that are self-inflicted or self-created, inconvenient and or personal.

Now the zoning board of adjustments does not interpret or enforce subdivisions covenants or HOA rules.

Those matters are not relevant areas of inquiry by the board on any petition.

Now there were signup sheets located outside for public comment.

Four speakers are allowed to speak in favor of a petition, and four speakers are allowed to speak in opposition of a petition.

All speakers will have a maximum of five minutes unless the board votes to allow a longer time.

Now the board will take up items in the order of our final agenda.

The board will initially receive a presentation from the staff as to the details of the agenda item.

Now after the staff's presentation, I will call upon the petitioner to present their case.

The petitioner will have a maximum of 10 minutes unless the board votes to allow a longer time.

Now at the conclusion of the petitioner's remarks, I will call on any party in order of sign-up who desires to support the petition.

Thereafter, I will call on any party in order of sign up, those who oppose the petition.

Now when it's your turn for comment, please introduce yourself, stating your name and address to the board to provide your remarks.

Any written comments have already included into the record.

Now, after receiving the remarks of those who oppose the petition, the petitioner will have the opportunity to respond to those objections.

Now any rebuttal will be limited to two minutes unless the board votes to allow longer time.

Now if the petitioner presents any new information in response to the objections, the board will allow those who oppose the petition the opportunity to respond to the new information only.

Now any response will be limited to two minutes unless the board votes to allow a longer time.

Now during the course of this presentation, you may be interrupted by any board member of the any member of the board for clarification and additional information.

Now such interruptions will not reduce your allowed time limit.

Now once the board members are satisfied that they have received all relevant information.

Now after the vote, you are free to leave.

Now these proceedings are video recorded and broadcast live.

All in-person public comments should be made at the podium and into the microphone.

Now any party agreed by any final judgment or decision of such zoning board of adjustment adjustments may within 15 days after appeal thereof to the circuit court by filing with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken.

Now do any board members have any conflict of interest as to any agenda matters?

If so, please state the same for the record.

No.

No.

No.

Now I would ask the staff to confirm on the record that proper notice has been given to all parties and interests as required by law as to the matters before the board tonight.

Yes, it has.

Okay.

Now with that, we will begin with the approval of the minutes as the board of adjustments has received the synopsis for the November 2025, December 2025, and January 2026 meetings.

I move that we dispense with the reading of the minutes of the same unless there are any deletions, additions, or corrections.

I need a motion and a second to approve the synopsis.

So move.

Second.

Okay, voting.

Yes.

Yes.

Yes.

Yes.

Yes.

Synopsis is approved.

Now we need to uh staff presentation.

All right.

Good afternoon, board.

We do have one case requesting withdrawal tonight, ZBA 1226.

Michael Tinker petitions for a special exception to allow the short-term rental of a property located at 6817 at Abbey Trace Drive, zone to SFR2, Council District 6.

If we could have a vote on that withdrawal, please.

So we need a motion.

Yes, ma'am.

So move.

So second.

Voting.

Yes.

Yes.

Yes.

Yes.

Yes.

All right.

Moving on to our first case tonight, ZBA 0926.

A1 investments petitions for variants from the use specific standards to allow a liquor store at the property located at 1500 McFarland Boulevard East, Zone G C Council District 5.

Here we have an aerial view of that property.

This is right at the intersection of Veterans Memorial, McFarland Boulevard, currently Rollmart.

And the zoning.

Here and here's an image of what those apartments look like today.

It's intersecting this building here.

You can see that thousand-foot requirement for residential use in a residential district, and your decision making standards for variances.

We did not receive any written comment.

Do you have any questions for staff?

Not at the time.

Thank you.

A1 investments.

I'm Ken Acock, 1107 23rd Avenue.

I'm the attorney for A1 Investments.

This is Mr.

Cassim, who's the owner of the uh company.

Yes.

I guess the picture that they've pulled up is exactly the one I was going to request that we look at.

Our variants basically request is that that property which sits at the extreme uh corner of the midtown shopping mall.

Um it's just barely with that uh within the thousand foot exception of the um blue house apartment buildings.

There's no direct access from one to the other.

There's no roads that lead directly into it.

Um the property is at a corner of four or three other commercial sites, um, and has been a commercial site for many many years.

My client bought the property as it sits.

We did not do any of the groundwork or the excuse me, renovations or changes.

And um the property really can't be used for anything other than retail, and this retail is going to be one of the highest and best uses that we could come up with for it because of its site and the size of the property available to us.

We figured that the effect or the um the whatever it had an effect upon the blue house property would be minimal, if any, because of how remote it really is in terms of of um getting to it.

You know, if you were looking at how the this is you know how the how the bird flies across to it, but that's not in reality how you would get from one to the other.

Um, and the rest of the properties around the um around the site are all commercial properties, some with uh some with liquor licenses, I believe.

And it seems to go more in hand with those properties than with the residential district.

So, with asking for a variance, what is the hardship?

Are you all saying the only thing it can be used for is the liquor store?

The only thing we've been able to come up with as an economically viable use of the store is to be able to have liquor sales on that location.

We've tried other stores on it, and it's not to be on wine right there.

Yes, all you right now to move.

It's already be unwind.

We guess it's being like liquor to be like back age store, change it from convenience to a liquor stores.

I mean already being be uh uh beard and wine back there.

So what you're saying is then that it's a financial reason that we're doing this?

Well, no, not just a financial reason.

I think it's unfair that the property is going to be treated as if it were inside a residential district when it is clearly at the most um commercial district in the in the city.

I mean it's at the intersection of the two biggest commercial areas in in town with 15th and McFarlane.

So looking at this, you know, um you want to say something?

Go ahead.

Go ahead.

No, you go ahead.

You kind of hard to body the argument when you say that the only thing that it could be used for is a liquor store.

When you have pharmacy across the street.

Got uh McDonald's right down the street, you got all these other food places and stuff like that.

It's kinda hard to buy the argument, and it's a court as this this this um zoning the court has been in law for how long it's been it's been on the books for how long?

A long time this code since the beginning of 2025.

Okay, 2025.

And when did you buy this property?

Invest in it for the years ago, ten years ago.

Three years ago, yeah.

So you knew the the changes are evident when you bought it.

So if you knew the variance or the court as a the law or whatever it is that's been on the books what for a year or so why are you asking for a hardship now?

If you didn't know if you you should have known this up to this point, why is it a hardship?

That's what I'm trying to get to see.

Why why is it a hardship when you got CVS across the street, you got university mall over there, you got midtown, you got all this stuff going on.

Why why is that a hardship to have a liquor store?

It's not it's not uh we borrow it in this we buy this area because it's uh on commercial.

That's why we guess we're not saying it's gonna be hard.

You you're saying that the only your your your attorney said the only thing that can go there because I'm in this business.

Okay, because I'm in this business.

I get it.

That's what you got is gonna be to me.

I mean, I'm gonna do this business.

I guess that's gonna do that.

I get that, but the comment that was made was the only thing that can go here is the liquor store.

Well, we don't have um that's what I'm trying to get to see.

Why is it the only thing that can go there?

We don't have sufficient ground out there to do additional parking to make it a bigger um type of store.

So restaurants, food supplies, we don't have the parking for it.

We don't have a way to create a drive-through that would drive around the building.

Um we're very limited on access, how to get in and out of the building because of the way that the building was left after the expansion of McFarlane Boulevard.

So and that was before we we bought it.

So it's it's got a it's it's got some handicaps that we're trying to work with there.

So we're looking for something that's that does not have um a high population density, I guess, in of folks at one time.

Mr.

Cassim has had a has um another liquor store on 15th street and previously owned another one that was on 10th Avenue.

Um that was that's a demolination.

Uh that's the one I think demolished.

Yeah.

And was familiar with the requirements of the liquor stores and in terms of how many people are there, the kinds of of requirements you're gonna have for parking and the the volume of traffic that you get.

So that's why this looked like that would work for it.

I mean, I don't I d I just cannot see this as a as a drugstore or a restaurant because we don't have enough parking space.

We didn't we thought about this one.

We were talking about bark a lot of I don't I try one time to be like a coffee shop, but to need a coffee shop, you need more bark a lot of people they're gonna come and stop and get in their service and thick times, but as convenience store and liquor, that's be easy, just buy and go.

You didn't have to sit in right there all day with a limit parking.

Okay.

Any more questions or A1?

Okay.

Thank you.

Thanks.

Now we don't have anybody signed up to speak for or against.

Is there anybody in the audience that like to speak for against this petition?

All right, at this time we'll close public comment and go to board comment.

Uh I understand looking at at this map up here, it looks like just a small sliver of residential area that this diameter kind of intersects with.

But I do I have a lot of respect for the regulations that our code um uh through framework establishes.

And uh because of that, um, you know, if if we grant this down the road, if we have another similar case, how much of that residential area can we encroach into?

And I like to be very consistent with my voting.

And um, because of that, I am also don't really see a hardship um related to this, and so for those reasons I'm not in favor of granting the variants.

Yeah, I I'm I'm in the same boat.

Uh I know you said a slither here, a slither there, just a few apartments here, a few apartments there.

What's gonna happen when the next one comes up?

When we when it when it's looked at that the our rules and regulations through the framework by framework is not adhered across the board the same way.

And and to to say that's a hardship because the only thing I have a legal store, I'm not, I'm not no, I'm not in favor.

You know, I'm a business owner, small business owner, so I do understand wanting to maximize your investment and what you're familiar with and what you know how to do.

Um, my my issue here is that framework is new, and it is the purpose of it was a lot of work and effort went into kind of you know make sure that we are upholding the standards of our areas and our different areas and having things the way it needs to be for the betterment of our city.

And looking at this property, you bought it three years ago, and after this goes into a year and a half later, now we're talking about doing the liquor store.

It does beer and wine now, so I don't understand why having to shift in the like if you had immediately done it, then I can understand like okay, I bought it, and that's the plan of what I was trying to do.

Um I just don't see the hardship.

It sounds like an inconvenience, it sounds financial, but it doesn't sound like there's nothing else I can do with this property.

There's nothing else I can do with this property, and so for that reason I wouldn't be in favor.

Uh yeah, I agree with motherboard members.

It's more so um timing, just a bad timing for you for you.

Um, as a property owner, uh you have had this property for three years, framework.

Uh it came into effect in 2025.

So when I looked at it initially, there are other uh liquor stores that are within that thousand foot uh radius of residential districts and areas.

However, they were all approved before framework uh came into place in 2025.

Uh so with that, I don't see a hardship.

I'm not in favor.

I I also agree with all the other board members.

I just don't see a hardship of this case.

Okay, at this time we'll close board comment and I'll read the petition.

ZBA-09-26 A1 investment petitions for a variance from the use specific standards to allow a liquor store at the property located at 1500 McFarland Boulevard East, zone GC, Council District 5 voting no.

No, no, no, no.

Petition fails.

All right, moving on to our next case tonight, ZBA 1026 Corus Stewart petitions for a special exception to allow the use of a private club or lodge for the operation of an after school program at the property located at 2518, Foster's Ferry Road zone to MR1, Council District 1.

Here we have an aerial view of the property and its zoning.

So just off Foster's Ferry, South of West Highland Cemetery.

The view of that property from the street.

And the parking view of the front of that building.

So they are requesting a special exception to operate an after school program serving as a supervised youth development center from youth ages eight to nineteen.

Um petitioner expects a daily attendance of 40 to 60 youth between the hours of Monday, excuse me, from Monday to Friday from 230 p.m.

to 530 p.m.

with a summer program operating from 7 a.m.

to 5 30 p.m.

Monday through Friday and as needed for occasional special events.

It'll be staffed by six employees, and they will provide van transportation and allow parent drop-off and pickup.

You may be asking why it's called a private club or lounge uh for this use.

So you can see in our definition here, um examples include in that use, uh social clubs, youth centers, things like that.

Staff felt like this would be the best um way to define this use.

Um so here are your regulations for those and your decision making standards for special exceptions.

We did receive one written comment in support.

Do you have any questions for staff?

So do we have to put any restrictions because it go back to the code of what it can be?

So if we approve it for private club and lodge, can it be used for social club?

Would they be able to do social club things there?

So the petitioner did say they did not plan on doing that.

This would be for the use of a community center.

If it went outside of the bounds of that approval, they would have to come back and you could place a condition on approval that you know no social club activities take place.

Okay, so we can put that in the approval that we will strictly youth center activities.

Now, did the fire department say anything about occupancy in terms of because he's saying 40 to 60 and looking at the building, I'm just we did ask the applicant to reach out to city staff to talk through those details.

I'll let him confirm what he found out.

Okay.

Would you show a map again?

Sure.

Where there'll be parking and I'll be dropping off children.

So this is their primary parking area right now.

I'll let the applicant confirm what their plans are for parking.

Um, but this is what exists on the site currently.

And okay, right there, yeah.

What is the road?

This is Foster's Ferry Road.

Okay.

So they would drive up the driveway to the house.

I'll let the applicant confirm what the parking plan is.

Okay.

Thank you.

Thank you.

Mr.

Stewart.

Hey.

Name and address.

My home address.

Yes.

Okay.

Uh Corey Stewart, um, 11579, Andrew Way, Tuscaloosa, Alabama, 35405.

So tell us your plan and what you want to do with your building.

So as the building sits now, um, well, let me back up.

We are uh Fork and Road Foundation, a youth development organization where we help kids um find their path, you know, in their life.

So we focus on STEM activities, uh, mentorship, things like that.

As the building sits now, um, we can't do any of that.

All right.

So the building was built in 1950.

I have consulted with an architect.

Um, so there are gonna be, of course, changes and things like that.

So we would have to go back to development or something like that to to get see what we can actually build on the site.

Um, but as as the building sit, it was actually a daycare.

Um, and the building is set up like a daycare on the inside for smaller kids.

So are you gonna so what you're asking us to do now?

Are you gonna start using it immediately?

Yes, so what we plan to do, um, we run our summer program out of St.

Paul United Methodist Church downtown on Bryant Drive.

Um, so of course, this building is not ready for us this year.

So, what we plan to do upon approval is go in and see what we can do to uh house that building next year.

I have a question, I have a question for the city.

Yes, sir.

Uh usually when we look at something like this, if it's known, there's going to be changes or major changes to it.

Um the petitioner usually comes with the final drawings and renderings of the for this application.

The petitioner is just requesting the use.

They would still need to go through any permitting to make sure the building is habitable and parking requirements.

Um would like to request more information, the board can always continue the case.

So it's not so much the building that's concerning me, but it is the access to the building, especially on a road with that curve.

We had several months back a school or or a case for a school that also had some access issues that we denied.

So the building is one component, but how you were dropping off and exiting the site is very important to whether or not we like me in particular feel comfortable granting this.

So you might not have plans for the building yet, but like if there are site modifications to where you are pulling in one way and you're exiting another way, so um that would be very important, I think for me personally to see.

Yes, ma'am.

So um, of course, there will be an engineer to kind of set set that up.

We just haven't gotten to that part yet.

Um, the the first part.

What I was told is to see if we can get it for that special use.

So it's it's explain to me why would he need a special exception if he's not doing nothing in the building right now?

Why does he why does he need this now?

I I would imagine because the petitioner wants to make sure that they can do it before they put money into the project.

Yeah, so it's zone MR1 residential.

Um before um it again as it sits now, is actually a daycare, it's not a it's not a home with bedrooms and things like that.

Um so I actually want to, I just uh purchased the property, so I actually want to go back and do something.

You look in the reason you look in the rezone.

Are you looking to rezone for commercial use?

Yeah, I think that's what it's called.

If I'm not stake, I'm not 100% sure.

Yeah, just to be clear, board the petitioner would not have to rezone for this.

The special the special exception, if approved, would allow him to operate this as it currently is zoned.

And and Mr.

Stewart, uh I know it says use of private club or lodge, but we have your assurance that it most definitely won't be used as a private club or a lodge.

No, I'm a youth development organization.

Okay.

I I've heard of your organization, and I just want to make sure that it's on record that you are and will not use it as a private club or a large.

Because we have had some concerns.

Oh should I say that?

Yeah, yeah.

Some concerns from the residents in the Washington Square community uh about a private club or lodge, but you are assuring that community that it will not be used as a private club or lodge, right?

Correct.

We are a after school and summer program.

Okay, gotcha.

Any other questions?

Will the will the children be able to play outside?

Yes, so it sits on almost an acre lot, so it's 0.90.

So yeah, there is room for all of that there as it sits.

I I guess I'm uncomfortable voting for it without seeing some plans.

Um and I understand the reason why.

Correct.

Uh, but it's well, as about the site distance on are are they gonna drive through or are they gonna come out that one uh there's one lane?

So as it sits with me not touching it, there is a one-way up, and you can go back out the other way.

So you go through the uh the uh, yeah, I don't think we can see that.

You come back out where so as the building sits, you come up on one drive and it's actually I think the city may have built it.

You see the other drive right here at the bottom where it says Foster's Ferry Road.

Oh that drives right in the property.

Oh, yeah.

Oh, it's like a little road.

Correct, yes.

Oh, okay.

It's on top of the wall.

It's on top of the retaining wall as it sits now.

You've got a a wall, a brick wall, a block wall, it looks like retaining wall, yes.

Okay.

There it is.

Now, if you're coming out on the other side, can you see?

Can if you're coming out on the other side, yeah.

What's what about the site distance?

So, yes, there are houses that park there and they back up or they pull out into the road.

So, yeah, it's I mean it's been there for it's like a side road for them so that you can turn around and see what you're doing.

So where that truck sits now, he can actually go straight and come out on the other side of Foster Fair or on the other side of this road.

Okay.

I'm gonna pull up.

I'm gonna pull up a quick street view.

Okay.

So right there in front, that road right there in front of it.

There it is right there.

There's the road.

I can you look backward, turn it around, look back.

There you go.

There you go.

And look again.

Uh that's to me, that's a pretty short distance.

Well, I mean, those houses are there, they use that road.

Well, you you see what I'm talking about.

Yes, sir.

Yes, I think as you come around that curve.

Correct.

Uh with engineering, of course, when we when we get to that point, of course, we're gonna think about a safer way to come out of there, come in and out.

So I have no issues with the use of it.

Um familiar with the um with the daycare center and the previous owners uh who used to own it.

Um I guess my only question about it is now is if we approve it.

Because we've had cases like this before where it needs to be approved.

Uh sometimes we'll find an issues to make sure we can have the funds in place to proceed with the project.

But we approve it today.

And then once you get your renderings together, we at least he had to come back to us in case he gets into a situation where he's in the setback or what have you, anything like this.

So, what would the setback look like?

Yeah, so if he were approved tonight, he would still need to meet all other city regulations.

This would just be for the use.

So if there are any setback issues or anything like that, we would address that at the permitting stage.

So the city engineer will be reviewing.

Most likely we should ask the applicant to reach out to both engineering fire and building um just to get feedback from them on the viability of this project.

I'll let him confirm what he found out.

What did you find out?

I have not reached out to them yet.

Sorry.

What do you say he would be able to confirm?

I'm sorry.

You just said he should be able to confirm.

The city the engineer be able to confirm.

I'm sorry, the applicant could confirm.

We asked the applicant to reach out to those those uh departments.

Did you reach out to those departments?

I have not.

I think what we're struggling with is that it seems like this may be early in the process to get the approval.

And so you're saying you need the approval so you can proceed with the rest of the work that you want to do.

Yes, so I was told that um make sure it's zoned for what you want to do there, and I want to do a youth development center there.

So because it was a daycare previous use in a youth, that doesn't seem like that's gonna be not a good use of the property.

So we can improve that, but he will be governed by all the other rules and regulations once he starts building and operating.

All we're saying is that he can do a youth center.

That's correct.

And then from there, he still has to bring plans, drawings, uh fire departments got to come out and do occupancy and get all of that.

Okay, so yeah, and you any renovations he does will be looked at by the city staff additionally when he gets his building permit, fire will do an investigation on the occupancy.

Okay, were there any traffic issues when this was a daycare?

I mean, I I still have a little bit of a hesitation about how you access and leave the site.

Um I don't know if there's been a there will be a traffic study done as part of this.

I'm not super familiar with the area, but it seems like you have no line of sight if you're trying to leave.

Yeah, the ZBA could request that the applicant do a traffic study before operating if they wanted to.

And you it was 60 children, is that did I see that on the yes, sir?

Sixty children.

Yes, sir.

Okay.

Any other questions for this participant?

Okay.

Thank you, Mr.

Stewart.

Thank you.

All right, we don't have anybody signed up to speak for or against.

There was somebody raised their hand.

Okay.

What's that though?

At this time, I'll open up uh public comment.

Anybody like to speak for or against?

Good afternoon.

My name is Renitha Abernathy.

I live at 2519 Sixth Court, Tuscaloosa, Alabama, 35401.

I would just my main concern was that I have own a piece of property that's adjacent to the where he wants to open the center.

And uh, like the rest of you, I'm just can I was concerned about it being used as a social club, is what I gathered, and if he makes that um saying that he won't turn it into a social club and that it is indeed used for what it is, and speaking with Mr.

Stewart, I was reassured of that, and I feel that he's a person of his word from speaking to him.

And I think if the board would allow him to come back, show his plans.

I think he has some great ideas.

I'm excited about what it is gonna bring to that side of town and for that building or that piece of property because I know years from growing up in that area of what it used to be.

But as we talked about it, restructuring the ins and out of going in and out of there, um I'm sure he's gonna address that issue and also the building as far as accommodating the children and making it appropriate for children of the age range that he suggested.

So I think it's a wonderful idea.

I'm for it, and I just wanted it to be noted that I am for it and that I did have that concern for it being used as a social club because that's not something that I would go for.

Thank you.

Thank you so much for your comment.

Is there anyone else that like to speak for or against this petition?

Mr.

O'Leary, if if this board does approve.

And then two years from now, the building is sold or the land is sold.

Could it be used as a social club then?

No, sir.

The special exception is granted to the owner of the property.

If hands change, they would have to come back if they wanted to do something similar.

Anyone else in the public like to speak for or against this petition?

Okay, at this time we'll close public comment and go to board comment.

Uh as somebody who has a child that utilizes um an after school program, I am um I know how much these are needed.

Um there's probably a really great need for these in the Tuscaloosa in general.

And so I'm excited about that opportunity.

Um the traffic entering and exiting the site, because I do pick up from daycare in an extended day, I know that the cars are either all there at one time or they're not there.

And so if you've got 40 to 60 students, you have potentially 40 to 60 cars there.

I just want to make sure that traffic is um it's safe in that area.

And so I I am okay approving the special exception if we require traffic study.

Okay, but only if we require traffic study.

Yeah, I I've I've done my research on Mrs.

Stewart and the Foundation Fork and the Road Foundation.

I think it's an awesome and incredible foundation.

Um, I did have my concerns when it comes to the um language in in the in the in the um the wording of the private club, but I I'm I've uh um my concern has been uh uh assured that it will not be a private club or a large and also I agree with the traffic study.

Uh I think my you have my full support contingent on a traffic study being done.

And um, yeah, like she said, I like uh said it that after school pick up and bake it is a mess.

So yeah, uh you you have my support contingent on that and go forth and prosper.

I agree with my fellow board members.

I too um concerned about traffic, and I really like something.

Can we put in there that it has to be a youth center used for youth center purposes?

I'd like to stipulate that so that there's no confusion because you know sometimes um you know a family gathering can turn into a party and it can get bigger, and you know, you want to use it for different things.

You need to make money and fundraisers, and you might think it's okay.

So we want to just stipulate youth center so that we won't have any confusion.

I think that'll be uh conducive with the community as well.

Yeah, I agree with all the board members.

Uh like I said before, I have no issues uh with the use of it.

Uh the wording threw me off a little bit uh when I initially saw the agenda.

Uh but this is something that's much needed uh for our youth.

So I have no issues, and I also stand here with a we'll provide the van transportation.

So that will assist with some of the um patient drop-off and pickup.

So I'm in favor.

I'm in favor of it too, with the exceptions that we had talked about the actually the results of the traffic study, not just a traffic study, but the results of the traffic study.

And would I agree that with everybody else on the board?

So you want us to see the results of the traffic?

Well, that um that's a good point.

If the board is inclined to require a traffic study, the just requiring a uh traffic study and voting to approve the project tonight would would grant the special exception, regardless of the results of the study.

So if the board wants to see a traffic study, the best way to go about it may be to continue the case and require a traffic study in in the interim or or um I mean I think that's procedurally the the best thing to do.

So then that puts us in the situation where we're making determinations off of the traffic study.

Well, the board would then have the opportunity to um to uh review the traffic study and make a uh a decision as a result of um of what the traffic study comes back with.

If if the uh city engineer approves it, maybe it would not have to come back to this board then.

So we can put the stipulation traffic study with the approval of the city engineer.

Like uh Leam stated earlier, other departments will review this, including engineering.

So you know, engineering would take in consideration, you know how it affects traffic.

And this this best reception really just get the ball to roll and right.

Right.

It'll get him opportunity to see his plan, see what he needed to do, raise his capital, whatever you need to do to get the ball rolling and all the other things that come along with that, the traffic study engineering and all that, right?

Okay.

So I'm just trying to make sure Mary Catherine and Joe are okay.

So if we say traffic study and then city engineer approval, if the city engineer is good, this is a little backwards than some of the other cases we've seen before that we're you know, I think city engineers have reviewed it or there have been more developed plans.

So that's I just want to make sure that this is being reviewed and considered by the engineer.

If the city engineer disagrees, then where does it go?

If the board places a condition that it's approved, subject that they receive approval from the city engineer on a traffic study.

If it were denied, they would not receive a special exception, they would have to come back and request something different.

So can we do that, chat?

If this if the city engineer does not return uh favorable results for the petitioner, he can't appeal to this board, correct?

I mean because right now earlier we mentioned uh a previous school and the traffic study, but that was on, which has much more traffic.

We're looking at Foster's Fair Road, doesn't have as much traffic.

We already have two residential uh properties that use their road.

And if we go up to 41st or 42nd, wherever Staleman Heights, all stem heights is.

No, that's actual school with much more traffic and the same, I mean and they operate in five.

So I don't think it'd be an issue with the traffic company and going out more so I think the more the biggest concern was being able to see your your site lines and with their retainer wall being put up, those put up by the city, correct?

The retainer wall.

So I'm I'm pretty sure that's that's part of I would consider that part of engineering right there.

So if it was an issue with site lines, the city wouldn't have moved forward with putting that uh entries and exit.

Right.

So but I I don't know about that.

Uh uh that looked pretty old to that wall.

So whenever that was done, that was probably old.

I just don't know.

So I think I think that would be good if we put can we put the traffic study approved by the city engineer?

If he declined and says it's not approved or he doesn't agree, then it'll come back to us, he can appeal to us again, and then we have to do something different.

Can we do that?

There's not a straightforward mechanism in the rules to allow for that.

Um if it's approved on the condition of a favorable result from the traffic study, then I think that's implicitly a denial if it's an unfavorable result from the traffic study, which would require six months.

Um, which was why I had suggested giving because we don't know what the traffic study is going to uh contemplate, then um the board having the opportunity to know what the traffic study actually contains would be the easiest way for the board to have have an informed vote.

If we continue it, how long do we continue it?

You can continue it up to two months.

So he would have two months to do a traffic study, and so that could kind of go into some cost or something, because if we approve it and say contingent on the traffic study, he has time to do the traffic study when money, if it however long it takes him, you know what I mean?

So that seems like we're putting somebody in a situation because he says he's not gonna do the work until some time.

And all we want to know with the traffic study, Mary Catherine, is what do you want in the traffic study that just I just want like a site?

You know, how you're gonna stack cars and um parking and yeah, uh, and like I said, site distance, I think is could be a problem.

I don't know if it will be, but could be.

And we just don't have the distances here in front of us.

Yeah, so that's what I'm um in favor of is putting the traffic study approved by the city engineer, then that way he has time to work all that out, the logistics and talk about that, but he's not on a two-month window.

Because I feel like putting him on a two-month window kind of puts now, you got to get something done that's not the most important thing in what you're trying to is that okay?

Yes, ma'am.

Mary Katherine comes.

Yeah, okay.

Chad with okay, and dropping kids off, the van coming out, going down the hill and coming out.

That's the concern, and so they need to see the plan of what you're gonna do, parking and all of that with well with that condition.

If it's approved by us, you got to get the traffic study, but you'll have time to do that because you won't be able to move forward until you get that done.

So you'll but you'll have time.

If we continue it, you'll have two months to get this traffic uh study done and come back to us and then approved.

So, which would you prefer to do?

All right, so I got a question.

I'm kind of kind of confused here.

Um as it sits, um, I like I said, I've talked to an architect, and we'll kind of walk the property, see what's gonna happen, then we'll get with an engineer and kind of go from there.

So as it sits now, may not be what it is.

You know, if I get a traffic study now after I walk it with a with my architect.

That's what you'll have time to do all of that.

That's what I'm saying with the approval that when you get ready to move forward and do what you're gonna do.

You just know you need to have a site study, a traffic study.

So when you get your architect and you do whatever you do, you you're not you don't have to go do the traffic study right now, but as you get ready to go open and you do all the work, just know that's what we're content that is contingent on.

So my thing is to go ahead and get a traffic study done and give it back to you guys.

Is that what I'm hearing?

That's not what I'm hearing.

No, no, basically, what's what Ms.

Cole is saying is once you get all your architectural designs done and you figure out what you're gonna do with it, and you get ready to come back and present it to the city again.

You need to have that study in there too.

Okay, that's pretty much right.

Yes, yeah.

That's it.

Do you understand?

Is that it?

Yeah.

Okay.

It's up to you now.

If you want to go ahead and get a traffic study, I yeah, I'm I'm we're trying to give you the time to go and do what you're planning on doing.

Okay, just know as you're doing what you're doing, part of it needs to be a traffic study.

Gotcha.

I think that's gonna be a critical piece of it.

Okay, the traffic study will be a critical piece.

So I guess my question is never mind.

We got you.

Okay.

Yeah, that's that's it for me.

We mayor Catherine, you it looks like Hudson was kind of saying that I have a short recommendation.

It may be better wording-wise to say a condition upon a favorable review of engineering.

They may not even require a traffic study.

Um, our engineering office, and so condition upon of the city engineer, a favorable review of the city engineer.

Okay.

So that's as you move forward with your plans.

You need to have a favorable review from the city engineer, and then your approval will stand.

Okay.

Okay.

Yes.

Yes.

All right.

Thank you.

All right.

We all on the same page now.

All right.

I'm gonna read the um closeboard comment and I'm gonna read the uh petition.

ZBA-10-26.

Corey Stewart petitions for a special exception to allow the use of a private club of lodge for the operation of an after school program at the property located at 2518 Foster's Ferry Road, zone MR-1, Council District 1, with the stipulation upon favorable review of the city engineer approved with upon a favorable review of the city engineer, and that it is a used as a youth center only voting.

Yes.

Yes, yes, yes, yes.

All right.

Thank you.

All right, so moving on to our next case tonight, ZBA 1126.

Ray Ann Hill petitions for a special exception to allow the operation of a daycare at the property located at 1732 Martin Luther King Jr.

Boulevard, zone to SFR3, Council District One.

And its zoning.

Here's view of the property from the street.

And its driveway.

They're requesting a special exception to operate a daycare that will operate Monday through Friday from 4 p.m.

to 12 a.m.

It will be available as needed for special events and holidays.

They will have no more than six children occupy the home at any time, and they'll range in age from seven days to 12 years old.

Here are your regulations for daycares, and your decision making standards for special exceptions.

We did not receive any public comment.

Do you have any questions for staff?

Let me ask you, go back to the picture.

So seeing as where they are, will they be able to turn around in that yard or they need to have some gravel down to do that?

Or how would so they won't be able to place gravel?

I asked the applicant to come prepared to talk about how they were gonna park and do drop offs, so I'll let them confirm that.

Okay.

But so they cannot do gravel in the front.

They cannot have gravel, they can pave it.

Um they will need that approved by um city staff.

So they can do some pavement in the front yard.

Yes, ma'am.

Okay, all right.

All right, thank you.

Other questions?

All right, all right.

Um Ray Ann Hill.

Good evening to the board members, community members.

Thank you for being here.

My name is Ray Ann Hill.

I currently live at 1732, Martin Luther King Jr.

Boulevard, Tuscaloose, Alabama, 35401.

So tell us your plan, Ray Ann.

Um, well, I am um trying to get prepared to get license to do an in-home daycare or child care.

Um, my plans are to operate from 4 p.m.

to 12 a.m.

second shift.

Um, because right now I can't do overnight until I'm established and doing in-home child care for an extended period of time.

Um current plan is to have parents pull up through the driveway and turn around on the grass, but as uh Mr.

Lim was saying, I can't put gravel down, so I would have to pave it.

I was when my uh when my inspector came out and I my DHR rep came out, it wasn't mentioned that I needed to pave or put gravel down.

So I was under impression that turnaround on the grass would be fine.

I do have plenty of room for cars to pull up and turn around as is, but again, um I was told I would need to put something down.

Yeah, DHR is just looking to make sure the house is fine.

There's no about drop-off and all that part of it.

Um would that would you be able to do that because that's gonna be the main concern?

Because right there where you are is a light and all of that pulling out, and that's a pretty high traffic area.

Yes, ma'am.

Go back to the front, show that.

Um yeah, MLK.

I write if uh drives pretty fast, and Paul, they drive pretty fast.

So yeah.

Uh and plus there's a school across the street, so it's I'm sure you deal with the traffic and all of that coming through at certain times.

Now the times that you're talking about probably won't be as bad, and it might be easier, and it's only six cars, so it might not be that big a deal, but still they have to turn around or they would have to back out that driveway.

That could be some type of issue there.

Um so how difficult would it be for pavement or do we have to do we need to stipulate that, or what do you want to place that condition to feel good about the the parking situation?

Okay.

Any other comments you like to make?

I did speak with um is it not planning and development?

I did speak with uh permit permit, and they said I don't need a permit or anything to put the concrete down, so it's just a matter of um me having it done.

Okay, you let me ask you this question.

Did you go through the Shelton State program?

Yes, ma'am.

Okay.

All right.

Any other questions?

So you're not only the parking area, but the driveway itself.

Looks like the driveway is gravel too.

No, sir.

It's not no sir, it's cement.

Okay, good.

I I think that's probably one of the most famous houses in Tuscaloosa.

Most certainly is, yes.

Are you you can at McDonald's Hughes?

That's my grandfather.

I believe uh I've military, ex-military.

Uh retired.

I see it all over you.

Um I've got probably about 500 whoopins in that backyard.

Open my time.

Uh no, no, I'm just concerned about the turnaround and easement and access to the driveway, especially coming out 15th Street.

Um, where the old abandoned house is in the large, had you talked to those homeowners, the private owners about the abandoned house, you know, vagrants and stuff like that.

Have you I have spoken with them?

Um that's a I guess a lodge matter.

Um, but um trying to think of the gentleman's name.

Mr.

Hughes is actually the gentleman who's uh I guess in in command of the lodge.

Uh he has no problems with me doing whatever I'm doing on my side of the fence.

Is my that McDonald's in my grandma's yard?

My yard is like, yeah, I didn't do my ball over there, Rex and Jit didn't chase me for many years.

Yeah.

Yes, sir.

Well, thank you for going down memory lane.

We appreciate you.

Any other questions from any board members or comments?

Thank you so much, Ms.

Hill.

Yes, ma'am.

Thank you.

All right, we have one person to speak in favor of this morton Martin.

Good afternoon.

How you doing?

My name is Ruth and Martin, and I am a neighbor neighbor in that area that's that Ray Ann is trying to uh do the do the uh daycare, and I think I'm in favor of it.

And any time it comes to people want to take care of kids, we need a lot more people like her to do it.

So she had my permission.

Thank you so much.

All right, Rodney.

Is there anybody else that like to speak for or against this petition at this time?

We'll close public comment and go to board comment.

Um I'm I'm in favor of this.

Uh uh no um Tuscalisa had four day cares closed towards the end of 2025, so I know this is needed, and and I like the idea of it being kind of second shift.

Um, I'm good as long as there is space to turn around and there's space for any other staff who may be working to park.

Um, so I'm in favor.

Yeah, I'm in favor also uh with the uh daycare um being at that location as it's historic and knowing that you will be able to take care of children on second shift when people have to work and stuff like that.

That's that's a great um contingent on the the easement access to turnaround part.

Um I'm in favor.

I'm in favor.

I'm so glad to see what someone uh taking advantage of the Shelton State community project that they're doing.

Um, this is what we need.

Tuscaloosa truly needs daycares.

Um we'd like to see you have the pavement.

Um, do we want to put that as a stipulation that she has to do it, or what do we looking at the time frame from four to midnight?

That seems like you know, not as high traffic, right?

And schools will already have dismissed.

So across I think that is that something that she'll talk about with engineering, like as part of the process, or for the interior drive.

I don't believe they would need to meet with engineering on that.

Planning does have some requirements as far as how much of the front yard can be surfaced, other than that, she would have some freedom to do as she needed.

So I I don't necessarily want to put a stipulation on that because of the hours that she's planning to do.

I would like for her to consider that, and I think it'll be better for the business in terms of if you got because six six people, it's not going to be a lot of traffic going in.

I think if we were doing a full blown daycare with 12 or so employees, it's probably not going to be employees, probably gonna be her, and it's gonna be.

I'm required myself and a substitute.

So if I'm absent or need to go away or get ill, I have to have a substitute as backup to come in.

Okay.

So we're not looking at a lot of parking.

We're just having a couple of cars and then people coming in.

Okay.

Yes, ma'am.

All right.

Mr.

Rollins.

I have no issues.

I'm in favor.

I have no issues with it.

Okay, we'll close board comment.

I'll go to read the petition.

ZBA-11-26.

We and heel petitions for a special acception to allow the operation of a daycare at the property located at 1732, Martin Luther King Junior Boulevard, zone SFR-3, Council District 1 voting.

Yes.

Yes.

Yes.

Yes.

Yes.

Oh, Chris Lyons.

All right, moving on to our last two cases tonight.

I'm going to present these together.

Uh ZBA 1326, Chris Lyons petitions for a special exception to allow the short-term rental of a property located at 69 Springbrook.

Zoned SFR2, Council District 7.

Here we have an aerial view of the property.

And its zoning.

It's just south of Buffalo Wild Wings along McFarland Boulevard East.

And active short terminals in the area.

Here's a view of the property from the street.

It's a nice looking house.

And its driveway.

So this petition was approved at the April 2025 meeting.

They were approved on a 30-night probationary period.

As the applicant came to renew their business license for 2020 2026, they noted on their audit form that they rented for 101 nights during 2025.

So this property was approved before.

Petitioners requesting six adults and three vehicles if approved.

Staff recommends six and three.

Additionally, if approved, the petitioner is requesting the ZBA waive the 30-night probationary period and allow the property to be rented more for more than 45 nights per year.

We did not receive any public comment.

Any questions before I move on?

Okay.

Next case, CBA 1426, Chris Lyons petitions for a special exception to allow the short-term rental of a property located at 1807 17th Avenue East, zone SFR3, Council District 5.

Here's an aerial view of the property.

And its zoning just east of Target.

And short-term rentals in the area.

And its driveway.

No public comment on this.

Do you have any questions for staff?

In 24, April 24, were they still coming to us directly to get the renewal?

I believe they were being renewed by staff at that point.

They were renewed by staff?

Yes, ma'am.

Tell me the procedure that staff goes over with them at the renewal in terms of making them aware of the 45 days.

Sure, yeah.

So when they're initially approved at the ZBA, they receive a letter from staff detailing the conditions, one of those conditions being the 30 night probationary period.

After that first probationary year, when they come back to renew, they make contact with our revenue office first.

Revenue will send planning, um, their information.

Planning will check to see if there are no issues.

If they are, uh, or if there are no issues, we will automatically renew them for 45 nights.

Um during that process, they are asked to fill out an audit form showing the nights and dates that they rented the previous year, and that is reviewed.

Um that audit form that process to review the audit form was kind of established this year.

Um so they are being reviewed at this point now moving forward.

But who tells them that when the renewal comes that they have 45 days?

Right.

So when they are renewed, they receive a document from planning that a revenue office shares with them detailing the conditions that they have, one of those being the 45 night condition.

Okay.

So you're saying is known that it can't go over so many days a year, and we got 101 days on one and 240 days.

Is it was that short-term rental days or short term?

Rent out days.

Yeah, we have a lot of short-term rentals that will also operate long-term.

So is that against the rules?

No, they can do that, and those nights are counted separately.

Okay, so anything over 30 days.

These days that you got that you just pulled up or short-term rental days.

Yes, sir.

So is that against the rules?

101 days in 2025.

Okay.

Yeah.

I see that.

I'm just willing to see it.

When were the initially approved by the ZBA?

Uh the first one was I'll go back to that one.

The first one was approved April 2025, and I believe the second one was approved April 2024.

So from April 2025, he did a and he came back to renew when did he go to renew the license?

I'm sorry.

When did he go to renew his license?

I let the applicant confirm when he applied for the renewal.

Um, but for the April 2025 renewal, generally all business licenses need to be renewed at the beginning of the year.

Okay, so from April to January, he did 101.

And then the other was that the other one was a year.

That was for the entire year 25.

Okay.

And I'll let the applicant confirm more of the details.

Okay.

Thank you.

Thank you.

Mr.

Lines.

Uh Chris Lines, uh, one two one six five shoal ridge, Northport, three five, four seven five.

Um, as he said, I kind of screwed up on the audit form too.

Some of those were 30-night rentals, and I just added them in there.

So the 240 I know looks really rough, and I had a huge misunderstanding on the 45 night uh rental fee for short-term rentals.

I I was under the impression after you got through the probationary period and you got your 45 knots, there's no issues, it was kind of like it's open.

And this year is the first year that I've actually received something, or somebody calling into question the nights that have been rented.

So if you had to say of the 240, how many of those were actually 30-day rentals or more?

Off the top of my head, three.

So that's 90 taken away.

So that put us at 150?

Yes, ma'am.

Okay.

And then the other one of the 101, how many?

Uh there's probably off the top of my head, one or two.

Okay, so that's 60.

That put us at 41.

Okay.

So one of them would get you up under, and the other one would still put you over.

Yes, ma'am.

Well, the first the first one was that's his first year.

It was approved in April 25.

So that should have been 30 days.

So that's okay, so that's over.

Um, I was trying to work with you.

Oh, I uh I'm, you know.

I mean, this is not a little bit, and I've been doing short-term rental uh for a while now, and we are very specific about 30 days and 45.

Um I don't I don't understand how we got over like this.

Like this is a lot over.

And I appreciate you being honest and reporting it.

Um, but this is a lot over.

Um I mean, that's this is two or three years worth of like two forty, that's like two or three years worth of um rentals in terms was six years worth of 45.

Yes, yeah, it's about three or four years of rental that's being done, and we have it for a reason that 30 basically it lines up with the football games and it lines up with um parent weekend.

So it's like beyond that, that's kind of how it's you know.

Anyone else?

That views?

Well, I mean, can I tell you can I just be open and honest about the situation?

Sure.

So before I ever got into the short-term rental business, I contacted numerous short-term rental off people that own houses through Tuscalissa because I didn't want this exact situation to happen.

And then it was conveyed that no one checks it.

So the first year and the until they check it.

See, it's until they check it.

And you are the first uh the first one standing here.

So that's the point is that you know it's all good until somebody says that's exactly right.

And I take I take full responsibility.

Like I misunderstood the whole the whole 30 and 45 days.

That is that is my my fault.

And I and I understand how people tell you, well, they don't they don't look at it, don't or they're not looking at my business about uh as my business either.

I mean, I'm I'm willing to go back to the 30-day probationary period just to prove that I can do this the correct way and earn the trust of the ZBA because uh, you know, my future plans, I have a daughter special needs, and this is part of my plan to hand out a legacy to her that way her sister doesn't have to depend on, doesn't have to worry about financial problems in the future for her.

So I understand any other comments or questions.

Okay, great.

Thank you.

Thank you.

We don't have anybody signed up to speak for or against.

Okay, at this time we'll close public comment and we'll go to board comment.

Um I think we should do exactly what Mr.

Lyons suggested and go back to the 30 night probationary period for both um short-term rentals simply because I mean this meeting is televised.

We could have a lot of people that have short-term rentals watching this, and um I I think that if you were granted a special exception to operate a short-term rental, that needs to be done within the stipulations and requirements that it's approved under.

Yeah, that's my thought on it.

Yeah, I I agree wholeheartedly with you.

Uh, I don't I don't see where we should go past 30 days because we already went past 30 days, 1001 nights, 240 nights.

Yeah, uh I'm a stickler on the rules, regulation being retired military.

So we kind of, yeah, we got to make sure that we all adhere to the rules and regulations that set by uh by this committee in this city.

So yeah.

I'm not in favor.

I feel like that you knew and you did something different, and you've already gotten um took advantage of the situation.

I feel like you should have to wait uh six months and come back before us and request it.

I feel like um for those who are watching who are doing this, I feel like we have to take a stance because everybody can come in and say, Oh, I didn't know.

Oh, you know what I mean, and do what they want to do.

This is a lot more.

You still will be able to rent your house out.

You can do long-term rental.

We have nothing to do with that, so you can just do 30 days and move forward from there.

So we're not leaving you without options, in my opinion.

Um, I am not pleased with this at all.

I feel like everybody that comes in here, we tell them 30 days.

Everybody knows it's 30 days, they know it's 45 on renewal, and I feel like you know, the fact that that people are talking and saying that's why they're checking now.

And um, now I know people can come in and say whatever they want to say, but it'll you you know, when you egregiously break the law like that, break the rules and regulation like this, I don't think you get a slap on the wrist and say, Oh, we're gonna go back to 30 days.

Personally, I'm not in favor.

Yeah, I agree with board chair.

Um we've been at this short-term rental thing for a while, and we have gone in a lot of different directions to try to um streamline this so it isn't as confusing, but 101 nights and 240 nights.

As mentioned before, that's four years and five years worth of short-term rentals.

That's I mean there's a lot.

Um as right now, I'm not in favor.

Um, if it's a situation where we voted down, you come back six months later, that's fine, but as of right now, I just can't see approving it because then they would really open up Vandora's box to pretty much anything at the point.

Well, I agree with the board chairman, Chairman person too.

Um for the reasons that you stated.

All right, we'll close board uh board comment.

I'll read the petition.

I got a question.

So this is two different.

Are we it's a recommendation that we wait six months?

Like how are we voting on this?

I'm you're voting yes or no.

Okay.

So what if you say some staff recommendation different things?

I guess I'm just trying to figure out.

Go back to staff recommendation.

Staff recommendations that if we do approve it, that we do um six adults and three vehicles, and that we waive the um the the petitioner's request and we waive the 30 night probation.

You're okay.

Yeah, he hasn't waited six months.

He has to wait six months to cut anytime we uh decline something, they have to wait six months to come back before us.

Okay, and so that's what I'm recommending is that for me, I'm gonna vote no, and then if it's voted down, he'll have to wait those six months and come back.

And that's how I personally feel about it.

Um yeah, I I agree after hearing you.

Yeah, and and and I'm I'm not trying to make an example of anybody, but I feel like if we don't make a stand right here, that everybody can just do what they want to do and come in and just say, Oh, I made a mistake, and so I hope this goes out that they know now that this could be the consequences of it.

Had it been closer, like 40, 50, 60, but when we get to 101 and 240, that's just that's the whole year.

And so um, you know, so I'm gonna close board comments and I'll read the petition.

We're gonna do voting on both of them separate.

You're gonna be so I'll read the first one.

ZBA-13-26, Chris Lyons petitions for a special exception to allow the short-term rental of a property located at 69 Springbrook zone SFR-2 Council District 7 voting?

No.

No, no, no, no.

Petition failed.

Second petition.

ZBA 14 26.

Chris Lyons petitions for a special exception to allow the short term rental of a property located at 1807 17th Avenue East, zoned SFR 3, Council District 5 voting.

No, no, no, no, no.

Petition failed.

And we are adjourned.

We adjourned.