2026-10-01 - Board of Zoning Adjustment
Summary
Built from the Board of Zoning Adjustment results agenda and YouTube auto-generated captions. The captions begin partway through the first item, so the opening of the meeting is not covered. No minutes are posted. Voice votes carried no recorded counts, and names and figures are as captioned and may be misspelled.
- 5070 Old Shell Rd (use variance for a 6,500 sq ft grocery in an R-1 district): Heard at length, with testimony from neighbors and the Village of Spring Hill in opposition. The Planning Commission had unanimously denied the related rezoning two weeks earlier, and the City Council hearing is November 3. The applicant's representative asked for a 30-day holdover because of the limited number of board members present; the motion carried by voice vote and the item returns November 5. See 5070 Old Shell Rd Rezoning.
- 5399 U.S. Hwy 90 W (case 6669): Withdrawn.
- 852 Spring Hill Ave: Glazing variance for a new office building approved by voice vote.
- 407 Hillcrest Rd: Approved with conditions 1 through 8 and findings A, B and C.
- 2460 Third Ave: Use variance for an already built second structure. Staff said the owner is not fully in compliance with the earlier court order (screening, sign permits, sidewalk waiver) following the board's February 2025 denial and the circuit court's reversal. A 30-day holdover was granted by voice vote, to November 5. See 2460 Third Ave Variance.
- 700 West I-65 Service Road: Density variance above 25 units per acre in a B-3 zone for a 217-unit project (previously approved in August 2025 and lapsed); approved with conditions 1 through 3 and findings A, B and C.
- 2040 Schillinger Rd: Five wall signs, including an electronic message center; approved without the electronic message board, with conditions 1 and 2.
- 251/255 St. Louis St and 106/160 N. Jackson St: Curb cut onto St. Louis Street for a planned hardware store and liquor store; approved with an added condition to coordinate with the city's St. Louis Street construction project manager.
- 250 St. Francis St (Home2 Suites hotel): Four variances covering window transparency on St. Michael Street, two-foot awnings over punched windows on the east and south sides in place of six-foot awnings, curb cut width, and dumpster maneuvering. The board discussed a wheeled-bin trash service and a better-looking enclosure. Approved with findings A, B and C and conditions 1 through 3, except the curb cut wider than 25 feet, plus a condition that the dumpster enclosure match the hotel's materials.
- Newman Lane (cases 6792 and 6752): Driveway variances for five historic houses being renovated by Africatown Redevelopment Corporation as modest one-bedroom and studio homes; both approved with findings A, B and C and conditions 1 through 3.
- Wawa sign variance amendment: Request to add a panel to the existing multi-tenant pylon sign, amending a 2025 variance; approved with an additional condition.
- Item 9 was set aside until a member who was absent could be present.
Agenda
Results agenda posted; see Sources.
Sources
- Agenda: https://www.buildmobile.org/urban_boa/agendas/October1ResultsAgenda.pdf
- Agenda: https://www.buildmobile.org/urban_boa/agendas/v2October1Agenda.pdf
- Planning and zoning site: https://www.buildmobile.org/board-of-adjustment/
- Video: https://www.youtube.com/watch?v=3FsqLbbu7Fg (City of Mobile YouTube channel)
Video
Transcript
*These are auto-generated captions; names and numbers may be misheard.
Transcript
15:18I think that the that the uh they would
15:20have tried to figure that out before
15:21they got it uh the feasibility before
15:23they got it got it uh got it approved
15:26for a subdivision. So it it can be used
15:30for residential. Um it's just
15:34not you know they're not proposing that
15:36now. But I got some questions for you
15:37about the um layout. I know that parking
15:40in the rear is what uh um is what the
15:42overlay requires. So, how are they going
15:45to get are they are the entry doors on
15:47going to be on the front?
15:49There will be um entry doors on the back
15:53and in the front. And what I discussed
15:56with the owner is
15:58they would both enter into a central
16:01area where the cashier is. And so they
16:05so they could monitor both both
16:08entrances. So your your drive up traffic
16:11will be from the rear and your walk up
16:13traffic will be from the front.
16:14>> Okay. And you mentioned um loading and
16:17deliveries. That's that real concern to
16:19me. Um I was out there yesterday and I
16:23was on the uh um on the Parkway side,
16:25east Parkway side, and I measured the
16:27the road. It was right at 18 1/2 ft or
16:30so. Um and there was a truck that was
16:33unloading um for the construction of
16:36work on the park and there was no way
16:39that any car could get past that truck.
16:42And then on the other side on the uh um
16:44border side I measured about 23 feet.
16:47And so a truck is 86 wide or trailer's
16:5086 wide plus plus mirrors and such. And
16:53then with the turns internal in the
16:55neighborhood um
16:58how is a truck supposed to unload and
16:59not have an impact on the neighborhood
17:01and traffic? The um truck will be at the
17:04building rear and that alley is a public
17:08alley, but there's no no one using it
17:11currently except
17:14the um well, we're not really using the
17:16alley, but our drive will be in the rear
17:19and it's dedicated for this building
17:20only. So, it will not impact
17:25uh traffic on either of the side roads.
17:27>> Uh does the business um would they get
17:29their deliveries? Are they full full
17:31size 53 ft?
17:32>> It's panel trucks. It's not tractal
17:34trailers.
17:35>> All right. That's what Excuse me. That's
17:38what I wanted to know. Let's see if I
17:40got anything else.
17:44>> You mentioned the uh um a nice looking
17:47building.
17:49These variances are sight plan specific.
17:51Site plan specific. And you didn't give
17:53any um any renderings or or any details
17:57of construction materials and such. And
17:59I'm assuming that if they did the staff
18:03if the applicant did um present some
18:06drawings with with some specifications
18:08on the building and aesthetics,
18:10elevations that that could be specific
18:13as well for the approval, not just site
18:16plan.
18:19>> Jim,
18:22I don't know. I'm just asking. Uh, I
18:24know that the board has placed
18:25conditions on approvals before, uh,
18:28similar to the bank downtown. There was
18:29a condition placed on that special
18:31exception that it be a certain number of
18:32stories tall and that the exterior be
18:35brick. Um, the the Spring Hill overlay
18:38regulations do have several requirements
18:40as to the design of the structure and
18:42the applicant has stated that they will
18:44comply with that regulations with those
18:46regulations. Um, so I'm not sure. I
18:50would have to defer to legal as to any
18:52other conditions that could be placed on
18:54there.
18:54>> And I and I looked through the overlay
18:56yesterday and I didn't see any of those
18:58specifics um on the design criteria.
19:00>> They they do have specifics.
19:01>> What are those? Um,
19:02>> for instance, u the the ground floor,
19:07which we only have one floor, 12 to 18
19:10ft height,
19:11>> right? We um got a face hole shell. 50%
19:17of the facade must be windows. Um
19:23door space no more than 50 ft apart. Uh
19:2725% minimum of the primary facade must
19:32uh provide uh cover for pedestrians.
19:36>> Yeah, I've read all those. I'm familiar
19:38with those. But what um although you
19:39can't be held to it, what type of
19:41materials uh would be the on the
19:43exterior of the building? Um I haven't I
19:45would think that if I lived in the
19:47neighborhood, I'd want to know.
19:49>> The the owner and I have discussed it
19:52briefly, but have have not proceeded
19:55into that. But it would be a permanent
19:57it would be brick or, you know, some
20:00type of masonry. I would imagine,
20:02especially with the building
20:03configuration, it'll probably be masonry
20:06bearing walls and bar joist and
20:09>> Yeah, cuz it's a strange strange shape
20:11for a building.
20:12>> Yeah, the lot is uh I think I was quoted
20:15in the paper or the news last time about
20:19saying the lot was kind of like shaped
20:21like one of my kids squishy toys when
20:23they were kids. But but uh that's the
20:26truth. It's a it's a unusual shaped lot.
20:30All right, those are my questions. Thank
20:31you. Anything else from the board?
20:34>> Nope.
20:35>> Well, you said something about uh
20:38delivery trucks. We got photos from
20:40people in emails that showed 18-wheeler
20:43trucks in the parking lot delivering
20:45goods to the food pack.
20:47>> My my understanding is the owner can ask
20:50and will ask for the deliveries and
20:52panel trucks. So the other location is
20:57right off old shell and it's a little
20:58more
21:00you know it can handle that a little
21:03better.
21:06>> Is that it?
21:07>> Thank you.
21:09>> Thank you vice chair.
21:10>> Yes. I would like to, you know, bring up
21:12once again that that documentation was
21:14submitted showing compliance for reduced
21:16parking, tree planting, landscaping area
21:18variances and so those requests are mute
21:21and so just remind everybody that this
21:22is just simply a use variance.
21:25>> Okay.
21:26>> Thank you.
21:26>> Yes.
21:28>> All right. Is there anyone in the
21:28audience would like to speak in favor of
21:30the application?
21:37>> I guess that's a no. How about um
21:38against it? one or two.
21:51>> Yeah. Yeah, I'll mention that.
21:54>> Sorry.
21:56Good afternoon.
21:58My name is Kelly Myers and I live at
22:004270 Horowester Court, just 250 ft from
22:04the proposed site. 25 years ago, my
22:07husband and I and some neighbors started
22:09a nonprofit to raise funds to build a
22:11playground and redevelop Labrada Park.
22:13During that time, I met many neighbors
22:15in Country Club Village and helped them
22:17to start their civic organization. Since
22:20then, I've remained active in the
22:21organization, the neighborhood, and the
22:23surrounding area. Some of the neighbors
22:26have asked me to speak today to
22:28specifically communicate some of their
22:30feelings.
22:32Two to three years ago, Mrs. Taji came
22:35to a Country Club Village meeting to
22:37inform neighbors that they had purchased
22:39the property at 570 Old Shell Road and
22:41wanted to build a super food pack. Many
22:44questions were asked about their plans
22:45on the lot and about what they were
22:47doing with the current property and the
22:49two-story brick building they own next
22:51to it. Overall, neighbors communicated
22:54that they did not want an additional
22:55commercial development on that lot.
22:57Around the same time, we learned that
23:00parks and recreation department had
23:01received a grant and LVetta Park was
23:04chosen as a site for pickleball courts.
23:06Construction began and neighbors were
23:08very unhappy. That feeling has persisted
23:11with neighbors as they dealt with added
23:13noise, increased traffic, and more
23:16outsiders flowing in and out of the
23:18neighborhood. The city continues to work
23:21to resolve some of those issues, but
23:22ultimately neighbors continue to feel
23:25like they did not have a say in
23:27something that was impacted that has
23:29impacted the neighborhood and their
23:31quality of life. In early 2026, Maheen
23:35asked me to help her to gain
23:37community support for a proposed housing
23:39development. And I've given some photos.
23:43um
23:46they had a contract to sell the property
23:47to a developer and that was contingent
23:49on him receiving that approval for
23:51subdivision application from the
23:53planning commission. [snorts] I met with
23:55him, we set up meetings. He presented to
23:57the neighbors. Uh they were able to ask
23:59questions, voice concerns. Overall,
24:02there were some neighbors who um were
24:05not 100% happy with the scale of the
24:07project, but everyone was in agreement
24:09that they would rather have residential
24:11development over commercial development
24:13and supported it, sent in emails, and
24:16the plan, the application was approved
24:18unanimously on March 19th. On March 5th,
24:21the developer called to say that the
24:23Hijazis had pulled the contract. We were
24:25all very disappointed.
24:28Not long after, Maheen called to ask
24:30that I support them building a super
24:32food pack on the property. I told her
24:34that I fully supported the residential,
24:36but that I 100% opposed any commercial
24:38development and that the neighbors felt
24:40the same. I reminded her that every
24:42other attempt to reszone had been fought
24:44and denied.
24:47Everyone supports Food Pack as a
24:49business, but most neighbors in the
24:50surrounding area do not support adding
24:52an additional commercial development.
24:54They are already unhappy with the pickle
24:56ball courts and all of the added noise,
24:58traffic, and people. The possible
25:00addition of another commercial
25:02development into this neighborhood just
25:04heightens those feelings. The latest
25:06rendering shows that the Haj Hajis plan
25:08to use the city's alleyway for their
25:10drive and to give more space for parking
25:12and delivery trucks. There are four
25:14homes on the other side of that alleyway
25:16and those residents will absolutely see
25:18an increase in noise from the cars and
25:20offloading delivery trucks. customers
25:23coming and going and trash disposal
25:25having more light from security lighting
25:27and a commercial dumpster
25:29or not [snorts] at their backyards will
25:32at a minimum be very unpleasant. They
25:35will experience a loss of privacy,
25:36peace, quality of life, and home values.
25:39There is a city-owned parking lot in
25:41front of this property. That parking lot
25:43was built to provide a safe area for
25:46families, school buses. You'd be amazed
25:48by how many school buses and community
25:49vans we have come to the park.
25:52um to safely load and unload excited
25:56children to walk across Parkway East to
25:59enter the park. Before it was there,
26:01people parked along the street, creating
26:03a hazard for kids and passing cars.
26:06While it may be used at times by others,
26:08that lot is there is not there for
26:11business parking. with the proposed
26:13building entrance adjacent to the
26:16playground lot. Their customers will
26:18certainly assume that it is available to
26:21them. When there is not room open,
26:23visitors to the playground will end up
26:25parking on the street. Additionally, we
26:28worry about their delivery trucks. They
26:30do get 18-wheelers and box trucks
26:33accessing Parkway East because that
26:36drive for the alleyway now they have
26:38redesigned it so that it stretches from
26:40border east to Parkway East.
26:43Um
26:45it's worrisome that it will have access
26:46to Parkway East where those children
26:48cross between the playground and the
26:50parking lot. There are no traffic lights
26:52on Parkway East and Border Drive East.
26:54I've enclosed also the photos of the
26:56trucks that deliver to um Maple Street
26:59Biscuit and how um that is a narrow
27:03street and it already creates a problem
27:05for maneuvering through there. Neighbors
27:08already struggle to maneuver through
27:10these narrow streets, especially on
27:12delivery days for Maple Street because
27:14the streets are so tight. The Maple
27:16Street business delivery trucks pull
27:18onto Border Drive East, park, and
27:20unload, and then they have to back out
27:22onto Old Shell Road because they are
27:24unable to navigate the streets within
27:26the neighborhood. Adding another
27:28business will only compound the issues
27:29at these entrances. Neighbors already
27:32feel as if they had no say in the
27:34construction of the pickle ball courts
27:35and the resulting impact on the
27:37neighborhood. Please don't let this be a
27:39similar instance. In the planning
27:41commission meeting two weeks ago, Kenny
27:43Nichols noted that within the
27:44surrounding, 1400 feet of this site, 87%
27:48of the received feedback was in
27:49opposition. While neighbors hate the
27:52thought of food pack leaving, overall
27:55they do not want another commercial
27:56development in the neighborhood.
28:00>> That was perfect.
28:00>> Good timing. Good timing. [laughter]
28:03Did you practice that in the mirror?
28:05>> I sure.
28:07>> Thank you.
28:09All right. Anyone else?
28:11>> Yeah, I'm sorry. Um, question to the
28:13board. Ma'am Kelly.
28:15>> Yes.
28:15>> Could you come back, please? I'm sorry.
28:20>> Say, what organization did you
28:21represented?
28:22>> I'm sorry.
28:23>> What organization do you represent?
28:24>> I'm representing myself as a homeowner
28:26across from this site. Um, I don't I'm
28:29not here to represent an organization.
28:31But I thought I heard you said that a
28:33number of the residents
28:34>> the neighborhood country club village
28:36has a neighborhood association that they
28:38refer to as the country club village
28:39civic association and I have been
28:42involved with that um at the point where
28:45we helped to create it 25 years ago.
28:47It's kind of had its um ups and downs
28:51and active unactive times but I've been
28:54involved with it and I'm currently still
28:56involved with it. So, how many of those
28:59members approve or disapprove of this
29:01project?
29:07>> Well, we a good number of people I'll
29:10say this, I have been the public face of
29:12this and I've taken the beatings online
29:15from people and a lot of neighbors feel
29:19like they can't speak up because they're
29:21going to get attacked. Um but there is a
29:24a large number of people especially on
29:27this side of the neighborhood where this
29:28is being proposed who are opposed to
29:31this.
29:32>> Okay. Have you all talked to each other?
29:35Both parties talked to each other had
29:37meetings with each other in regards to
29:38this matter.
29:39>> Yes.
29:40>> The project people with the project and
29:42I have had conversations. Um we've
29:44talked I know that Maheen has met with
29:47Linda St. John with Village of Spring
29:49Hill. We've talked back and forth trying
29:51to think of alternatives, but from the
29:54start when this was first brought up two
29:56years ago, we expressed that we did not
29:59support commercial development there.
30:01We've never in the 25 years I've lived
30:03there, we've never
30:05um
30:07never pushed for commercial development
30:09there. We've always fought against it
30:12and it's been denied up until this
30:14point.
30:15>> Okay. Thank you,
30:16>> Kelly. What was the statistic you said
30:18about the 87%? I think that may help.
30:20>> Within 1,400
30:22ft or 1400 radius, I guess, of the site,
30:2787% of the emails they received were in
30:30opposition to this.
30:33>> Thank you.
30:33>> Thank you.
30:37Next.
30:42Hey, my name is Kyle Ankerson and I live
30:45at 159 Border Drive West in Country Club
30:47Village. Uh, as my co-presenters will
30:50establish, there is no public need for a
30:52residential variance here. Nor is there
30:54hardship inherent to this 46 acre
30:57residential lot. The applicant even had
31:00a contract in place to sell this lot to
31:01a residential home bu home builder,
31:03proving it has clear residential
31:05utility. I'm here to address the third
31:08legal standard before you, the severe
31:09negative impact the proposed use
31:11variance will inflict on our immediate
31:13neighbors and community. Two weeks ago,
31:16the planning commission evaluated this
31:17parcel and unanimously denied commercial
31:20development. They specifically found the
31:22commercial use at 550 570 Old Shell Road
31:26is incompatible with surrounding land
31:28uses, adversely impacts neighborhood
31:31neighboring properties, and causes a
31:33direct loss in residential property
31:34values. The human impact on our
31:37neighbors makes those findings crystal
31:39clear. Flawed assumptions about
31:41walkability and traffic impact. The
31:44applicant often argues that the customer
31:46simply walk to their store, claiming a
31:48new building won't increase traffic.
31:50This assumption is deeply flawed. Their
31:52current store operates with an existing
31:54parking lot and even now it gets big
31:56busy with vehicular traffic. A brand new
31:59expanded 6,500 ft² facility will
32:02inherently generate new interest, draw
32:04customers from outside the immediate
32:06neighborhood, and significantly increase
32:08vehicular traffic. We don't have to
32:10guess what happens when commercial
32:12operations squeeze into this area. We
32:15are already living it. An 18-year
32:17resident living at Border Drive East,
32:19directly across the
32:21directly across from this site, shared
32:23what happens during busy days at nearby
32:25Maple Street. customer traffic
32:28completely overflows their lot and fills
32:30the liberator parking lot. Need talking
32:34too much. Uh it gets so congested that
32:36park visitors are forced to park along
32:38the fence and home owners regularly have
32:41to ask commercial customers to stop
32:43parking in their private front yards.
32:45adding a major new commercial attractant
32:48which explicitly plans to use the public
32:51park parking lot and the storef faces
32:54the parking the city parking lot
32:57um will turn this existing parking
32:59nightmare into a daily reality for
33:00surrounding homeowners. Under this site
33:03plan, residents stepping out their front
33:04doors will look directly at an act an
33:06active unloading dock, commercial
33:08parking, headlights and delivery trucks.
33:12physical site constraints and safety
33:13risk. At just46 acres, this site is
33:17simply too constrained. The site plan
33:19explicitly marks future expansion zone
33:21next to the 6,500 ft building, proving
33:24this commercial footprint is designed to
33:26grow even larger. It pushes 18 parking
33:29spaces and delivery operations along the
33:31narrow 20ft alleyway directly against
33:33residential backyards on lots 9, 10, 11,
33:36and 12. It routes commercial traffic
33:38down Parkway East, creating severe
33:40hazards at the pedestrian crossing where
33:42children and families walk to the Letta
33:44Park. VI viable commercial alternatives
33:48exist. Opposing a variance on this
33:50residential lot does not mean opposing
33:51food packs business. Less than a mile
33:53down the road sits 5559 Old Shell Road,
33:57a 1.39 acre lot already zoned commercial
33:59and listed for sale. At three times the
34:02size of this parcel, it offers ample
34:04room for full vision, proper parking,
34:06setbacks, loading docks, while remaining
34:09completely walkable to Spring Hill in
34:10South Alabama.
34:12A use variance is meant to prevent a
34:14property from becoming useless, not to
34:17force a massive commercial buildout onto
34:19a46 acre residential lot based on
34:22speculative assumptions about food foot
34:24traffic. We respectfully ask the board
34:27of adjustments to protect our
34:28residential community, uphold the
34:30unanimous findings of the planning
34:31commission and deny this application for
34:34use variance. Thank you.
34:37>> Thank you. Any questions board
34:40gentlemen? Thank you.
34:50>> Linda St. John, 320 Avalon Street. I am
34:53president of the village of Spring Hill.
34:56There are several reasons why this
34:57application for a 6,500 square foot
35:00grocery store with plans for future
35:02expansion does not demonstrate the
35:04hardship required to justify use
35:06variance. Nor does it establish that the
35:09proposed use will not adversely affect
35:11the surrounding properties. The
35:13applicant has not demonstrated a
35:15hardship showing the property cannot
35:17reasonably be used under its current
35:19zoning. On the contrary, as others have
35:22said, in March, the planning commission
35:24approved a cottage style residential
35:26development on the same property,
35:30confirming that the viable use exists
35:32under the R1 zoning. The developer is
35:35still willing to revisit this
35:37residential development if this
35:38application is denied. There are
35:41suitable vacant properties in the area
35:42that exist without reszoning or changing
35:45the use of this residential property. I
35:48met with the applicant and connected
35:50them with commercial property owners and
35:52who have identified several alternative
35:55locations not far from this area in the
35:57village appropriately zoned B2. The
36:01applicant knowingly purchased property
36:03zoned R1 in a community with an
36:05established 21-year-old master plan,
36:08creating a self-imposed hardship. An
36:11attempt to change its use after purchase
36:14to an adverse development should not
36:16override the established zoning or use
36:19at an expense of a community plan or the
36:21adjacent residential properties. The
36:24proposed change would adversely affect
36:26the residential character of the area.
36:28During the planning commission meeting
36:30last month, it was stated that
36:31approximately 87% of the residents
36:34responding to the reszoning application
36:37opposed this property being reszoned B2
36:39for a 6,500 ft grocery store that may
36:43not even be viable in the future. Other
36:46concerns include an increased commercial
36:48activity, noise, traffic, and safety
36:51next to a children's park. The
36:53application was unanimously denied by
36:55the planning commission. This property
36:58is not located on Old Shell Road. It is
37:01the first lot in the Country Club
37:03Village neighborhood between Border
37:05Drive East and Parkway East. The
37:07proposed ingress and egress would route
37:10traffic and truck deliveries through
37:11both streets at the back of the building
37:13inside the residential neighborhood
37:15rather than directly onto Old Shell
37:17Road. The site plan shows no parking in
37:20the front. We always advocate for on
37:22street parking because our plan calls
37:25for on street parking because these
37:27properties are developed to the back of
37:29the sidewalks on on roadways, not in
37:32neighborhoods.
37:34The site plan shows no parking in the
37:36front and no provisions for dumpsters.
37:38No other property in the area along Old
37:40Shell Road is zoned for business, making
37:42this request a significant departure
37:45from the existing pattern of residential
37:47development in the area. Our master plan
37:50is a carefully considered community
37:53vision, not a suggestion or an obstacle
37:55to be overcome when a particular
37:57development does not fit. It established
38:00that the future of our community should
38:02be guided by a plan created with the
38:05community, not dictated by the
38:07developers seeking exception to
38:09accommodate projects that do not belong.
38:12This application is an obvious attempt
38:15to circumvent the planning commission's
38:16denial for reasonzoning. It is not a
38:19simple request to change the use of one
38:21parcel of property for a popular grocery
38:24store. If approved, it would set a
38:28precedent that commercial development
38:30could encroach inside neighborhoods in
38:32similar areas of Spring Hill by using
38:34the board of adjustments to change the
38:36use. This would not only undermine the
38:39village of Spring Hill master plan, but
38:41the master plan for the city as well,
38:43compromising the long-term vision these
38:46plans are designed to accomplish. One of
38:49the speakers in favor of resoning at the
38:51planning commission meeting last month
38:53stated how good Spring Hill was looking.
38:55I can assure you the reason for this is
38:57that our organization has been
38:59successful over the last 21 years with
39:02the support of the city and this board
39:04in defeating many attempts such as this
39:07one from compromising our plan, allowing
39:09us to successfully build it out in
39:12increments over time. We support
39:14responsible growth and work with
39:16developers to put projects in
39:17appropriate locations. But we will not
39:20support development that disregards the
39:22village of Spring Hill master plan,
39:24compromises our neighborhoods, or
39:25changes the fundamental character of our
39:28community for the benefit of a single
39:30project that may not even be viable in
39:32the future. We simply cannot allow
39:34non-compliant, inappropriate, and
39:37invasive land use based on emotion and
39:40sentiment. We are respectfully asking
39:42the board to please deny this
39:44application based on these facts that
39:46clearly show no hardship has been
39:48justified in changing the use of this
39:50property from R1 to B2. Thank you.
39:54>> You
39:54>> any questions?
39:56>> Any questions for Thank you so much.
40:04>> Good afternoon. My name is Thomas Myers.
40:06I live at 4270 Horloester Court
40:08approximately 250 ft from the subject
40:11property where my wife and I have lived
40:12for 25 years. Believe you all met her
40:14just a minute ago. Um I wanted to
40:16approach this from a slightly different
40:17angle. I was heavily involved uh working
40:20on the sprinkle overlay zone uh zoning
40:22in 2008 working with Dover Cole and
40:24partners in the city's planning
40:25department uh planning commission and
40:27city council. Uh while I also support
40:30foodp pack as a business, I want to
40:31express my strong opposition to the
40:33granting the use variance for the
40:35parcel. Uh this request fails to meet
40:37any of the objective criteria the
40:39findings of fact which would support its
40:40commercial use and for these reasons I
40:43request the application be denied. Um as
40:46you me as you heard earlier the subject
40:48property is proceeding with a resoning
40:49request from R1 to B2. Was denied
40:52unanimously by the planning commission
40:54two weeks ago. uh and it will go before
40:56the city council on November 3rd as the
40:59next step in that process. Uh the
41:01planning commission found that the
41:02resoning request failed to meet any of
41:04the objective criteria for doing so. Um
41:06in its recommendation, it found quote
41:09there was no mistake or error in the
41:10original zoning map and it would
41:13adversely impact neighboring properties
41:15and cause a loss of property values. End
41:17quote. Uh they go on to mention there's
41:20no additional capacity need uh no change
41:22in the underlying conditions of the area
41:25and that the request failed to fit the
41:27community's uh best interest and that's
41:29what the planning commission found. I
41:31fully understand this is a different
41:32process and a different governing body.
41:34However, some of the underlying criteria
41:36are still the same. Uh both of the
41:38current businesses at the neighborhood's
41:40entrances entrance was grandfathered in
41:42and are operating under use variances to
41:44R1. Um, importantly, both of those
41:47occupy pre-existing commercial buildings
41:50and did not add commercial capacity in
41:52front of a small neighborhood. Uh, this
41:54property is completely undeveloped and
41:56to our understanding, a use variance has
41:59not been recently granted maybe ever,
42:01uh, for any net new commercial
42:02development elsewhere in the city. I
42:04think that's an important part. Um, the
42:07other thing to point out is that uh,
42:09what we say is we're kind of moving food
42:11pack from one place to other. The
42:13current food pack is less than 3,000
42:15square feet. This is 6,500 square feet.
42:17Plus, uh, Maple Street Biscuit Company
42:20is also under 3,000 square feet. So,
42:22this addition more than doubles the
42:24commercial intensity at the entrance to
42:27the neighborhood and next to the park.
42:29So, that's pretty important. Um,
42:31specifically addressing the required
42:33findings of fact, uh, it does not meet
42:35any of the three criteria. It's
42:37obviously against the public interest as
42:39discussed by other speakers and
42:40reaffirmed by the planning commission
42:42and it would harm the public interest in
42:44terms of traffic noise and reduce public
42:46uh property values and the rear of the
42:49parking rear of the parking uh abuts for
42:52residential properties adjacent to the
42:53park. Uh secondly, there are no special
42:56conditions that result in unnecessary
42:58hardship. Uh it's been zoned residential
43:00since it would was incorporated into the
43:02city zoning in 1967.
43:04It was purchased approximately five
43:06years ago by the applicant with the
43:07knowledge it was zoned R1. Uh and they
43:10were also aware of previous attempts to
43:12reszone it for commercial use that also
43:14failed. Uh furthermore, the applicants
43:16received tenative approval to subdivide
43:18as you saw. Um and for whatever reason
43:21that project fell apart. Um economic
43:23loss associated with not be able to re
43:25relocate their current business from a
43:27nearby parcel cannot be the basis for a
43:29hardship and requires that this
43:31application be denied. In fact, quote,
43:33"No variant shall be granted where
43:34economic loss is the sole basis for the
43:36required variance." End quote. This is
43:39not a hardship based case as residential
43:41development is fully possible as we saw
43:44and was recently pursued by the
43:45applicant. Third, to receive approval,
43:48this request must meet the spirit of the
43:50variance criteria and substantial
43:52justice be done for both applicant and
43:54surrounding neighborhood. Is clear the
43:56development is not interest in the
43:58interest of the neighborhood and only
43:59benefits the applicant. increased
44:02traffic, noise, loss of property values,
44:04and a more than doubling of commercial
44:06capacity at the entrance to a small
44:08neighborhood. All work contrary to the
44:10neighborhood's interest. Um, based on
44:13his failure to meet any of the required
44:14findings of facts, um, I'd request the
44:16board of zoning adjustment deny this
44:19application. Thank you for your
44:20consideration today.
44:21>> Thank you. Any questions for the board?
44:23Thank you.
44:24>> Thank you.
44:25>> Is there another? Was that three?
44:27>> Four.
44:28>> That was four. Okay. I can't count. Um
44:31you have some time to for rebuttal if uh
44:33if you like. Yeah.
44:37>> Yes. Thank you. Um
44:41it's good to see that people care about
44:43the neighborhood and
44:46I think the owners of food pack care
44:49immensely about the neighborhood.
44:50They're not going to develop something
44:52that's detrimental.
44:54this the community knows the impact um
44:58of noise and so forth because they've
45:00been there for many years. Um we meet
45:04all the requirements except the use. Uh
45:08the original zoning,
45:11you know, the lot is surveyed. It's
45:13labeled commercial lot 2. It's been that
45:16way since like ' 64 or something. It was
45:20not grandfathered in as commercial when
45:22they when the city annexed it. Did they
45:25make a mistake? Well, we weren't there.
45:28Um so, but
45:32um you know, a lot of the things that
45:36were were stated are are valid, but the
45:39owner is committed to doing a a nice
45:42project and we comply. Do we have the
45:45overlay, the Spring Hill overlay that
45:47shows the neighborhood general? The
45:49orange illustration.
45:53Well, that's not it. But you you can see
45:56that area includes the commercial
45:58properties as well as the entrance to
46:00live a park. That's not that's not
46:03partitioned off as residential lots. I
46:06mean that's
46:08um so but
46:11with all due respect at this time with
46:13the limited number of commission board
46:16members present we would ask for a
46:19one-mon hold over on the project on the
46:22application.
46:25>> Okay. Thank you. Any any questions of
46:28board?
46:29Okay. Thank you.
46:33All right. Well, we've heard from both
46:34sides. Um, and the applicant has uh um
46:39has asked the board to uh for a one-mon
46:42holdover um as I mentioned in in the
46:45beginning. So, that being the case, um
46:48the board would like to uh um um to
46:50grant that to allow that chair here a
46:53motion to that effect.
46:56>> Motion to grant a 30-day hold over.
46:59>> Do we have a second?
47:00>> A second.
47:01>> All right.
47:03Make a motion in a second. All in favor
47:04say I.
47:05>> Opposed? Motion carries. 30-day
47:07holdover.
47:11>> Is there a chance
47:13we're holding it over
47:15after
47:18>> come up?
47:23>> I'm sorry. I was just asking if it's
47:25being held over for a month, is there a
47:28chance that we can wait until it goes
47:30before the city council on November 3rd
47:33and they make their decision on nove
47:35November 15th?
47:37>> It's already been we've already we've
47:40already made we've already decided that.
47:42>> Okay. Yeah.
47:42>> And and the next board of adjustment
47:44meeting is on November 5th. So it will
47:46be after the November 3rd city council
47:48meeting.
47:49>> Right. Okay.
47:51>> Okay. Thank you. All right, give a few
47:54minutes for everybody to pack up and go
47:56if you like
47:58or if you can stay. It's fun.
48:02Oh, yeah. Can't you tell?
48:05All right. What's next?
48:52You coming back, Doug?
48:56>> Come on. Come on.
49:08All right, we can move on. Um,
49:12application number one, case number
49:146669, has been withdrawn.
49:17So, we don't need to do anything on
49:19that. All right. Application number two,
49:22case number 6784,
49:24852 Spring Hill Avenue, PCDA
49:27Architecture.
49:38>> All right. Name and address for the
49:39record.
49:40>> Hi, good afternoon. My name is Jonathan
49:41Blberg representing PCDA Architecture at
49:44756 St. Louis Street. Um, we're working
49:48on a design at 852 Springh Hill Avenue.
49:52We're requesting a variance um due to
49:54our proposed design not being in
49:56compliance with the minimum 20% glazing
49:59requirement. Um, our design is compliant
50:03on three sides of the building, but
50:05there's one elevation along North
50:07Jefferson Street where the design
50:09includes three bedrooms, a combined
50:12living and dining area, and a garage.
50:14The owner has expressed privacy and
50:16security concerns regarding extensive
50:18glazing in these spaces. Therefore,
50:21requesting a variance for this elevation
50:24only. The remaining three sides exceed
50:26the minimum glazing percentage by up to
50:2813%.
50:32Can you I know um we've read the
50:34application, but having a and I see the
50:37elevations, but just as a narrative,
50:40tell us what y'all are planning on doing
50:41because it seems fascinating to me and I
50:43don't really have good a good grip on
50:45it.
50:45>> Yes, sir. Um the owner currently uses
50:48the building as their office. They're um
50:50a contractor and they wish to add a
50:54residential portion to the building as
50:55well. So, we're going to use the
50:57existing building that's there. Um,
51:00that'll become the residential unit and
51:03then we're adding in front of that the
51:05office space.
51:07>> Okay. All right. Any questions of the
51:10board?
51:13All right. Thank you.
51:15>> Thank you. Is anyone here to speak in
51:17favor of this application
51:20or against it?
51:24>> Come on.
51:35My name is Anthony Johnson and I'm the
51:37owner of that particular property.
51:39>> Name address
51:40>> 852 Spring Hill Avenue and I'm the owner
51:42and I'd like to speak in favor of it for
51:44sure.
51:45>> Okay, that's it. Any questions?
51:48I've been there for over 30 years now as
51:50a business, several businesses there and
51:52look forward to getting into compliance
51:54and doing whatever I need to do to get
51:56it up to standards.
51:57>> Well, I think it's fascinating. I'm glad
51:58you're doing it.
51:59>> Thank you.
52:00>> Pretty cool. I don't think we have
52:01anything else like that.
52:02>> Yeah.
52:02>> You know, certainly not on broad.
52:04>> I think it's going to give a great
52:05appearance to the area.
52:06>> I think so, too. Thank you very much.
52:08>> Okay. Thank you.
52:10>> All right. We have an application. Um
52:15there were no questions. Uh Jerald here
52:17a motion
52:21motion. Motion to approve.
52:23>> We have a second.
52:24>> A second.
52:25>> All right. All in favor say I.
52:27>> I.
52:28>> Opposed.
52:29>> Motion carries.
52:33All right. Application number three.
52:35Case number 6785 at 407 Hillrest Road.
52:39Uh Geographic Consulting LLC. Applicant
52:42here.
52:52Uh John Pillar, uh 4031 Lakefront Drive
52:56West.
52:58Uh
52:59this is my first time being in a room
53:01like this. And I hope
53:03>> first two
53:04>> I hope mine goes more like the second
53:06one than the first. [laughter]
53:08Uh that was that was interesting to
53:09hear. Um, I bought the piece of property
53:14at 407 Hillrest Road. Uh, it was a
53:17residential house in between two other
53:20residences
53:22directly on Hillrest Road. Okay. You
53:24see, can we show the map of kind of what
53:28right there? So, the the parcel there to
53:31the south is a tax office. I believe
53:34it's had a variance already. Um it is,
53:38you know, they they park in the grass in
53:40the back and just kind of
53:43um you know, it's commercial use only
53:46for what their their purposes are. Uh
53:49the piece of property that I bought was
53:51in horrible condition. Um it it's been
53:54since cleaned up several dumpsters. The
53:57area is really nice going down through
53:59there. And I've got an insurance agency
54:02around the corner. And so I'd like to
54:05move. I've been renting there for 20
54:07years. I'd like to move into this piece
54:10of property and fix it up and continue
54:14my office, professional office area
54:17there. It is a it's a small agency. Um
54:20very little.
54:21>> There won't be a residential component
54:23of it. It's just
54:24>> zero. Yes. Um, it's a small agency. Uh,
54:28insurance has definitely gone more
54:30towards online email. You know, very few
54:35foot traffic, very little walk-in. Uh,
54:39so it's it's really uh I think would be
54:43it's going to suit the area as far as
54:46what Hillrest is all along that right
54:48side of the road. Now there's only one
54:53house which is there to the north that's
54:55in rough shape but a residence. All the
54:59other pieces of property are either
55:00multi- family or commercial
55:05all on that side.
55:07So goes Alabama Power, this tax office,
55:10and then me.
55:14What
55:15>> about behind you?
55:16>> Uh behind it's it's grown up wooded. Um
55:20it is somebody the backyard to the
55:24McKenna drive. Um it is also in rough
55:28shape grown up overgrown. Um you know
55:32which all that will be fenced from my
55:34side. Um you know the fences in between
55:37are all falling down and it's it's going
55:41to definitely be an improvement to the
55:43area. I don't plan to have, you know,
55:47plan to approve a good debt.
55:54>> Have you had discussions with the uh um
55:56um with the neighbor to the north?
55:58>> I have not.
56:00>> Have there been any uh um any comments?
56:04>> We did receive a comment for this and it
56:06is on your iPad.
56:07>> I'm sorry. I didn't hear you.
56:08>> Was what?
56:09>> We received one comment for this uh
56:11application. And it was emailed uh
56:13yesterday to Katherine Clark.
56:15>> Okay.
56:20>> Does anybody have that?
56:22>> Yeah. Any any questions for the
56:24applicant?
56:25>> Oh, the emailard
56:40chair.
56:46Okay, no questions. Okay, sir.
56:50>> Name and address.
56:51>> John Cranble, uh 18172 Old Brady Road,
56:55Bayonette.
56:57I'm actually the uh designer.
56:59>> Come closer a little bit, please.
57:00>> I'm the designer. I'm actually working
57:01with the engineer. Uh she had she was
57:04out of the country for this meeting. So,
57:06I'm actually stepping in to answer any
57:08questions or talk about what we need to
57:10about these variances.
57:13Uh, the biggest the biggest problem we
57:15have is, you know, you get an existing
57:17house on existing lot and there's three
57:20existing live oaks. Uh, to the south
57:23there's a 36-inch live oak. Uh, they
57:26want the they're asking for us to have a
57:3020ft access drive between the house and
57:32that oak tree. Uh I showing 16
57:37and the only reason that is is because
57:39we're getting closer to that root system
57:41and you know moving 4 ft. I think we
57:43have six feet now between the pavement
57:45and the tree and we're thinking that I
57:48may kill the tree and I know Mr.
57:50Pillager would like to keep the trees
57:51and keep them healthy. Uh we also would
57:54like to have you know some grass between
57:57the pavement and the property line and
57:59the fence so that everything coming on
58:02to the site from the west and the south
58:05can flow across the grass before it, you
58:07know, gets in asphalt. So do y'all have
58:11any questions? Any questions on the
58:13board?
58:14>> All right. Thank you very much.
58:15>> Thank you. Anyone here in opposition to
58:16this application?
58:19>> Nope. Okay. Okay. And by the way, I want
58:20to go back uh to number two and uh um
58:23make sure that we had findings of fact.
58:27>> Yeah.
58:28>> Just want to put that in the record for
58:30that approval.
58:35>> Yeah. One number one, two, and three.
58:37Okay. All right. Um
58:40we've heard from the applicant. Um
58:43Cheryl entertain a motion on number
58:44three.
59:05I'll make a motion to approve uh
59:08following P the A, B, and C findings
59:10effects
59:11>> and conditions
59:11>> with the conditions as listed
59:13>> one through
59:14>> one through eight.
59:15>> Okay. Do we have a second?
59:19>> Second.
59:20>> All right. All in favor say I. I
59:22opposed. Motion carries.
59:30All right, on to item number four. Case
59:32number 6786 and 6647
59:36at 24603rd Avenue. The comforter,
59:39heating, and air conditioning. Come on
59:41down.
59:53Hello, my name is uh Adri Bush uh owner
59:56of the company of Heating and Air and
59:5824593rd Avenue is the address. And we
1:00:03were requesting that we be granted a
1:00:05variance to put a shed uh behind the
1:00:09business uh so that we can store our
1:00:12material and tools and uh items to keep
1:00:16it from you know uh the public view and
1:00:20we respectfully asked uh that we be
1:00:22granted permission to uh have a shed uh
1:00:26on the property. We were granted a
1:00:28variance to operate the business at this
1:00:30location. Um,
1:00:33and we just respectfully asked for the
1:00:36shed to be built or to have a shed
1:00:41and we have uh just to give us a little
1:00:43background on this uh I grew up across
1:00:45the street uh um in 2459rd Avenue my mom
1:00:50house we started the business out of her
1:00:52house and uh and uh
1:00:57it's little to no traffic. We got four
1:00:59vehicles total, mostly family. It's a
1:01:02part-time job for me. And uh there's no
1:01:06traffic, no increased traffic. Uh we've
1:01:08already been operating there for uh
1:01:10eight years and almost eight years. And
1:01:13uh
1:01:16and we uh serve the community. We do
1:01:19free repairs for the 80s and 90 year old
1:01:21residents in the neighborhood. We uh
1:01:24donate to the community, keep the
1:01:26community clean, you know, uh to the Bay
1:01:28Area Women Coalition in the neighborhood
1:01:31and uh we got hundreds of signatures
1:01:34from neighbors that we have served or
1:01:37many that we have served and um many
1:01:39that you know okay with us operating in
1:01:43the neighborhood. And so that's all we
1:01:45asking this variance to have a shed so
1:01:47we can put our tools and equipment in
1:01:51respectfully. Okay. Any questions
1:01:53before?
1:01:54>> Do I understand? So, and Doug, maybe
1:01:58you can add. So, this was we we denied
1:02:00it in February of 25.
1:02:02>> It was it was denied. Uh he appealed it
1:02:04to circuit court. Judge York heard the
1:02:06case. My associate Emma Hope handled it
1:02:09uh for the city. Judge York went to the
1:02:12site
1:02:14um and made a determination that he was
1:02:16entitled to his variances.
1:02:20>> He was what? entitled to his variances
1:02:22and and granted his appeal.
1:02:24>> Um the judge asked the staff for
1:02:27conditions that should be included which
1:02:30are listed here on page five of your
1:02:34report. Um the report also says that
1:02:37he's not in compliance with all those
1:02:40conditions.
1:02:42I'll read this as to indicate that even
1:02:45after that he went and built another
1:02:46building. Is that correct? without
1:02:48permits staff. Yeah. I mean, he's he's
1:02:52violated it again. He he's known he was
1:02:55in violation and he goes out there and
1:02:56builds another. As the staff report
1:02:59says, if he's you know, if if he's not
1:03:02in compliance with the court order, why
1:03:04should we let him to continue and add uh
1:03:08illegal buildings?
1:03:10Are you in complian with the court
1:03:11order? Well, um, honestly, what happened
1:03:14when we got granted the varants, we
1:03:16thought that we could put a shed up and
1:03:18then I realized I couldn't get a permit
1:03:20after we discussed with the board of
1:03:23zoning, I realized I couldn't get a
1:03:24permit to have a shed. So, we thought
1:03:26that once he granted us the bearings
1:03:28that we could get the uh permit to get
1:03:31the building. So, we would just backlog.
1:03:33We couldn't get the permit because we
1:03:34didn't have permission. So, we kind of I
1:03:36kind of went ahead. It was my ignorance.
1:03:38I didn't know, you know, I thought that
1:03:40we can, you know, construct the shed
1:03:41after the judge gave us permission to
1:03:43have the variance. The uh first building
1:03:46was already there, but the second one we
1:03:49constructed, I'm thinking that, you
1:03:50know, we was uh had a right to put a a
1:03:54shed up, you know, long as we got a
1:03:56permit. But when I tried to get the
1:03:58permit, we realized that, you know, we
1:04:00couldn't move forward without getting
1:04:02permission. So that's why we didn't do
1:04:04it in um because you got to remember u
1:04:06when I first did it when we first opened
1:04:08the business I didn't know that we even
1:04:09had to get a variance. So everything was
1:04:11new to me and when we found out we
1:04:13immediately we initiated the process of
1:04:16getting a variance. Nobody forced us to
1:04:17go down to the border zone and we
1:04:19initiated it when I got the
1:04:20understanding that we had to do that. I
1:04:22thought that we could just you know
1:04:23operate a business or just you know put
1:04:25up a shed you know and so it's my
1:04:28ignorance. Yes. Uh it was my ignorance,
1:04:29but it was the intent to violate was not
1:04:32there. And um so uh we did I did contact
1:04:36I've been in contact with Miss York, you
1:04:38know, about getting in compliance. We
1:04:40done everything that uh all the
1:04:42everything that the court told us to do,
1:04:44we did it other than this building that
1:04:46we put up that we are now asking for
1:04:49permission to um be granted the
1:04:52building. I spent a lot of money. I
1:04:53wouldn't have spent that money, you
1:04:54know, ignorantly, you know. I spent a
1:04:56lot of money and all we trying to do we
1:04:58trying to improve our business, improve
1:05:00the neighborhood and we not uh have no
1:05:03intentions to violate the law or go
1:05:04against the court orders or anything
1:05:06like that. And I've been trying all that
1:05:08I know to try to get in compliance. We
1:05:11got the parking, we got the uh signs, we
1:05:14got the uh everything that the fencing,
1:05:16we done everything that the court asked
1:05:17us. But uh the only reason that we have
1:05:20this building is because of my
1:05:22ignorance, not knowing that we could I
1:05:24thought once we got the barrier that we
1:05:25could get the permit to get the shed
1:05:28which we would keep our tools in.
1:05:29>> Sir, we just got a
1:05:30>> I'm sorry. I thought you were through.
1:05:32I'm sorry. The staff report states, "The
1:05:34site plan does not comply with some
1:05:37conditions of the court order,
1:05:38specifically screening around the
1:05:40storage area, obtaining of sign permits,
1:05:44and the greening of a sidewalk waiver if
1:05:46no public sidewalk is provided.
1:05:50Have you
1:05:50>> The only thing that we haven't done is
1:05:52the sidewalk waiver, but we were trying
1:05:54to see how this process was going to go.
1:05:56Uh, I've been in contact with Miss York
1:05:58about it and um, the only thing that we
1:06:01haven't done is the requesting for the
1:06:02sidewalk waiver, but everything else
1:06:04from my knowledge we've already done.
1:06:06>> Did you get a signed permit,
1:06:08>> sir? Signed?
1:06:09>> No, she told me we thought we had to get
1:06:10a signed bearings. Like I said,
1:06:11everything is my ignorance. We thought
1:06:13we had to get a signed bearings. Miss
1:06:14York told me that we only have to get a
1:06:16permit. And so, we haven't done that
1:06:18only because we just trying to wait and
1:06:20see the process. I've been in
1:06:21communication with her about it. Uh, but
1:06:24we just trying to, you know, find out,
1:06:27you know, the steps. I'm willing to do
1:06:29whatever. Uh, but it just, you know, I'm
1:06:32just trying to wait and see.
1:06:34>> Okay. Staff, it it says that, um, use
1:06:37variance to allow an HBAC contractor
1:06:40with reduced access, maneuvering area,
1:06:42non-residential buffer, no tree
1:06:43planting. Um, but he's saying that it
1:06:48was about a building.
1:06:51Uh,
1:06:51>> we only asking for the building. Oh, I'm
1:06:53sorry.
1:06:56>> Well, he's asking for it says for use
1:06:59variance to allow an HVAC contractor,
1:07:02not about a building. So,
1:07:04>> the building was
1:07:07>> part of the first
1:07:10two.
1:07:11>> Okay.
1:07:13>> The court allowed him to keep the
1:07:15building that he built.
1:07:19The court allowed him to [clears throat]
1:07:20keep the building
1:07:23that he had built without permits. That
1:07:25that was what the first permit the first
1:07:28variance was for.
1:07:30>> Is that correct?
1:07:31>> That is correct. Uh permit uh
1:07:33application was submitted to permit the
1:07:36existing structure that was initially on
1:07:38the site. And when staff was reviewing
1:07:40that permit, it was uh observed that
1:07:43there was a second structure on the
1:07:44property that had not been on the
1:07:47property when the variance application
1:07:48was initially approved. And so
1:07:50therefore, because variances are site
1:07:52plan specific, Mr. Bush was advised that
1:07:54he needed to come back. Uh a site a sign
1:07:58permit has not been able to be issued
1:08:00yet because in order to have a sign
1:08:03permit issued, you must have either an
1:08:05active business license or building
1:08:07permit. and he has not been able to get
1:08:09the building permit because the site
1:08:11does not match the variance that was
1:08:13granted.
1:08:13>> That's why we couldn't move forward with
1:08:15the site.
1:08:15>> Okay. So, so, so the use variance is for
1:08:18the building that was placed afterward.
1:08:20>> Correct. So, this is to bring up the
1:08:22site to not only compliance with the
1:08:25courtordered uh conditions, but uh to
1:08:28accommodate the second structure as
1:08:30well.
1:08:30>> But was there a permit to build the sec
1:08:32the the latest structure?
1:08:34>> No. So, no permits have been issued at
1:08:36this point.
1:08:37staff. Would it if the
1:08:41board wants to go this route, would it
1:08:44be best to
1:08:47hold over so he can revise the site plan
1:08:49so we can see what's there?
1:08:52>> I think so.
1:08:53>> And he says he's done all that, but get
1:08:56a signed permit.
1:08:59I mean, if there's if there's screening,
1:09:01I want to see it. Obviously, Judge York
1:09:04took or or had the opinion that this
1:09:08business was not detrimental to the
1:09:10neighborhood, which I can understand. I
1:09:13respect that decision, but
1:09:17you know, it's it's violation after
1:09:19violation. And um I I would personally
1:09:23from the legal viewpoint before we grant
1:09:25more variances, I want to make sure he's
1:09:27in compliance with that court order.
1:09:29That's just my opinion.
1:09:32>> Yeah. Go ahead.
1:09:33>> Okay. Would you be willing to hold you
1:09:35hold over for 30 days till you get the
1:09:38>> hearing problem? Sorry.
1:09:39>> So, will will you be willing to hold
1:09:41over instead of us making decision today
1:09:43for 30 days to make sure you get your
1:09:45paperwork in in order so that when you
1:09:48come back again, we may be able to
1:09:49approve it.
1:09:50>> Yes, I'm willing to do whatever. if you
1:09:53could do a a revised site plan showing
1:09:55all the improvements, the screening is,
1:09:57you know, everything that was set out in
1:09:59that court order and bring some
1:10:01photographs so we can see it, please.
1:10:03>> Yes, sir.
1:10:03>> Thank you.
1:10:04>> Now, how about building permit though?
1:10:05Will he have to get an after the fact
1:10:06building permit?
1:10:08>> He will. That will be depending on the
1:10:11uh decision of the board to uh on the
1:10:13application.
1:10:14>> Okay. But I'm sure there weren't any
1:10:17plans drawn or anything. Did you just
1:10:19build it yourself or
1:10:20>> We've already I had an architect uh draw
1:10:23everything up. I thought that he had
1:10:25submitted it, but he had drew everything
1:10:27up. Um Miss York, I don't know if he uh
1:10:30he submitted it. From my understanding,
1:10:32I thought he did.
1:10:37>> Doug, there is a site plan that shows
1:10:39two buildings.
1:10:41the the site plan doesn't uh clearly
1:10:43depict the um enclosure around the back
1:10:46of the property that the court wanted.
1:10:48Uh I think it would be I think what Mr.
1:10:50Metaf is is asking and uh Mr. Anderson
1:10:53is asking about is having the site plan
1:10:55revised to clearly depict the height and
1:10:57materials of that structure as well as
1:10:59compliance with the other uh court
1:11:01ordered conditions.
1:11:02>> But with the with the information that
1:11:04um he says he had an architect that
1:11:07designed the shed. Is that what you
1:11:08said?
1:11:09>> Okay. And was that ever submitted to the
1:11:11city?
1:11:12>> He submitted it.
1:11:13>> I believe those plans were submitted
1:11:15with the building permit application.
1:11:17>> Okay.
1:11:19>> Post construction.
1:11:20>> Post construction.
1:11:22>> Correct.
1:11:23>> Okay.
1:11:25So, my question is, you still don't have
1:11:28a permit or license to operate a
1:11:30business?
1:11:32There is a homebased occupation business
1:11:35license that has been granted for the
1:11:37comforter, but not at this location. It
1:11:39is across the street at Mr. Bush's
1:11:41parents house.
1:11:42>> We started out of my mom house across
1:11:44the street from the site.
1:11:46>> Well, my question now, do you think 30
1:11:48days will be long enough or you need a
1:11:50little bit more time more than 30 days
1:11:52to to get in compliance with what we're
1:11:54requesting of you?
1:11:56>> Okay. Uh, do I what more do I need to
1:11:59submit other than um the site plans and
1:12:01and what the architect they've already
1:12:03submitted? Do I just need to take
1:12:04pictures?
1:12:07>> I don't know.
1:12:07>> Oh, I ask the legal what do you need to
1:12:10do?
1:12:11>> So,
1:12:12>> yeah,
1:12:13>> he he will need a business license
1:12:15eventually at this location prior to uh
1:12:17his issue or either a building permit or
1:12:20a business license will be required
1:12:21prior to the issuance of a signed
1:12:23permit. Uh, Mr. Bush, you and I can uh
1:12:26discuss after the meeting more about
1:12:28what revisions need to be made to the
1:12:29site plan and what uh needs to be
1:12:31submitted uh for the board for the next
1:12:33meeting.
1:12:34>> Yes, ma'am.
1:12:34>> And so, let's say he does that and he
1:12:36comes back um the only thing that the
1:12:40board will have to do is either do or
1:12:43not is to issue or to uh um to approve
1:12:46the use of that particular building
1:12:49because it was not in the original court
1:12:51order.
1:12:52That correct? That is correct. Yes, sir.
1:12:56Okay.
1:12:58>> All right. Any other questions?
1:13:01>> All right. Thank you.
1:13:02>> Okay. Thank you'all for your time.
1:13:04>> Thank you, sir.
1:13:06>> Yes. Yeah. Um, we need to make a motion
1:13:09to uh um hold this over for 30 days. I
1:13:12have a motion.
1:13:13>> Motion.
1:13:14>> Motion to approve 30 days.
1:13:15>> Before we vote, did we ask for uh
1:13:17anybody to speak in favor or opposition?
1:13:19Is there anyone here in favor or
1:13:21opposition to this application?
1:13:25Oh, anyone else here that want to speak
1:13:28in favor of or not?
1:13:31>> All right. Thank you.
1:13:33>> You're good.
1:13:34>> All right. We have a motion.
1:13:36>> Motion to approve 30-day holdover.
1:13:40>> Second.
1:13:41>> All right. All in favor say I. I. Post.
1:13:44Motion carries for 30-day extension.
1:13:55All right. Case number 6787 and 6692,
1:13:59700 West I65 Service Road, ANR
1:14:01Development Group, LLC.
1:14:04Come on down.
1:14:08Hey
1:14:08>> everyone, my name is um Stuart Tames.
1:14:09I'm with Mayor Nexon 11 North Water
1:14:12Street 360602. I'm filming with Jay
1:14:14Watkins today here representing
1:14:16>> He's in Scotland.
1:14:16>> He is in Scotland. Yeah, that's right.
1:14:18and I'm representing the applicant ANR
1:14:20development group for uh 700 West I65
1:14:23Service Road South. Uh today we're going
1:14:26to request a density variance to allow
1:14:28more than 25 dwelling units per acre
1:14:29from multif family development in a B3
1:14:32zone. As you all may or may not
1:14:34remember, you all approved this variance
1:14:36back in August of 2025.
1:14:39That time my client was unable to uh
1:14:41receive a PUD in the six-month period.
1:14:44Um, they have now received the PUD and
1:14:46now they're back in front of this board
1:14:48respectfully requesting that you all
1:14:49approve this variance again.
1:14:51>> Is there anything different in this than
1:14:53the first one,
1:14:55>> Murray?
1:14:57>> No, sir.
1:14:58>> Okay.
1:15:00>> All right. Any questions the board?
1:15:02>> All right. Thank you. Awesome. Thank
1:15:03you.
1:15:04>> Anyone here speaking in favor of or in
1:15:05opposition to this?
1:15:08>> All right. Board or motion?
1:15:10>> I do have a question for staff. There's
1:15:12mention here about um the number of
1:15:15units. So today they're asking for 240
1:15:18correct?
1:15:21>> Yes, sir.
1:15:22>> And so they're they they received
1:15:25approval for 217. Are they going to have
1:15:27to go back and do something else or is
1:15:28this
1:15:31>> I believe it's the opposite. I believe
1:15:32originally it was 240 and now they're
1:15:34now they do they weren't sure at the
1:15:36time regarding their plans and now
1:15:37they're only going to need they're only
1:15:39going to have 217 units. So I believe
1:15:40it's the opposite.
1:15:47>> Okay.
1:15:48>> Okay.
1:15:51>> Okay. Thank you. Thank you. Sorry.
1:15:56>> Thank you.
1:15:58>> All right. Border Hill motion. Chairman
1:16:00>> make a motion to approve
1:16:03findings of fact A, B, and C and the
1:16:07following conditions one, two, and
1:16:08three.
1:16:09>> All right. We have a motion to approve
1:16:10based on findings of facts and of the
1:16:12conditions one, two, and three. Um, have
1:16:16a second.
1:16:18>> A second.
1:16:18>> All right. All in favor say I.
1:16:20>> I. Motion carries.
1:16:28Hi.
1:16:30>> Application uh case number 6788, 2040
1:16:34Schillinger Road, Spark Sign Company.
1:16:44Good afternoon. Hayden Oliver, Spark
1:16:45Sign Company, 7738 McKinley Avenue.
1:16:49We're requesting a variance to allow
1:16:51five wall signs including electronic
1:16:52message center that's above the roof
1:16:54line instead of the normally allowed
1:16:56three including a freestanding sign.
1:16:58This building was previously owned by
1:16:59another building owner. They had many of
1:17:02the same signage including three on the
1:17:03building and then one freestanding sign
1:17:06on the on the road. Now, we're asking to
1:17:08do the same thing, but to increase the
1:17:09number of signage due to the
1:17:11topographical um hardship that that the
1:17:14building offers, you know, with the the
1:17:16old style castle it represents, as well
1:17:18as trying to update and modernize the
1:17:20building itself,
1:17:27if you would describe this
1:17:31video board there.
1:17:34>> Yeah, this electronic message center.
1:17:36You see these at, you know, banks,
1:17:38schools, churches, and some multiple
1:17:40other businesses.
1:17:41>> And what's it gonna And what what would
1:17:43it say on for this kind of business?
1:17:46Nickel beer. I mean, [laughter]
1:17:48>> it's Well, it's for children, so I'm
1:17:50sure my age be there for college.
1:17:53>> But Chuck- E-Cheese had beer. [laughter]
1:17:56>> Yeah. Yeah. No, no beer. I'm I'm sure
1:17:58just kind of just representing what
1:17:59they're having inside the building.
1:18:00Promotionals. Um, as well as just
1:18:03static. Um these can be made static,
1:18:04dimmable at nighttime like many of these
1:18:06have to be um from dust to dawn dimmable
1:18:09as well. But just you know demonstrating
1:18:11promotional things happening inside the
1:18:13building and events happening inside the
1:18:15building as well.
1:18:16>> It wasn't listed in the uh report but
1:18:18are we good on the the distance to
1:18:21residential?
1:18:22>> No.
1:18:23>> No sir. It is listed in the report.
1:18:24There is residential across the street.
1:18:26>> Across the street.
1:18:42nine of the staff report indicates all
1:18:44the residences across the street.
1:18:46>> And I know we got a comment from one of
1:18:50those residents
1:18:52in opposition.
1:18:59And does that residence across the
1:19:00street face Chillinger or does it face
1:19:02east? It faces east. Yeah, it does.
1:19:06Yeah, that's right. That's the back.
1:19:08Okay.
1:19:12And as far as the wall signs, what
1:19:14what's uh permitted here?
1:19:17>> They are allowed a total of three signs
1:19:19overall, including a freestanding sign.
1:19:21So, if they're wanting a freestanding
1:19:23sign, then they would only be allowed to
1:19:24have two wall signs by right. They're
1:19:27asking for
1:19:28>> uh they are asking for I believe it's
1:19:31four or five
1:19:32>> asking for five
1:19:33>> see five wall signs. Some of the signs
1:19:36that they are proposing are classified
1:19:37asformational because they do not
1:19:39contain the business name and are less
1:19:41than 20 square feet.
1:19:43>> So, so what are the five signs? Yeah,
1:19:45that's let's see
1:19:48>> five signs of
1:19:49>> let's see if we are looking at the at
1:19:51the structure here we have uh the
1:19:54electronic message center is uh one sign
1:19:57the winter hub and let's play sign is a
1:20:00second sign
1:20:02>> those are together
1:20:03>> those are two different signs
1:20:04>> those are two different ones
1:20:06>> uh the game on sign that's on that same
1:20:08page uh I have been told is behind the
1:20:10glass and so therefore is not included
1:20:12in the variance
1:20:14uh if you look On page two, uh, party
1:20:17room and winter hub are the other, uh,
1:20:21our other two wall signs. Cafe and games
1:20:24are determined, uh, were determined to
1:20:26beformational. And then we have the
1:20:28freestanding sign there.
1:20:30>> Page 15 gives an overall
1:20:33view in one in one picture.
1:20:37>> Yeah.
1:20:38>> Yes. There you go. You're asking for a
1:20:40lot of signs there.
1:20:42Asking for some signs. some of them
1:20:44including the win the winter hub and
1:20:46let's play one. That's actually an
1:20:47interior fixture that she mentioned. And
1:20:49also we're kind of just continuing what
1:20:51the previous um building owner or the
1:20:53building resident had. They had those
1:20:55same three signs on the wall as well as
1:20:56the freestanding sign. We're only asking
1:20:58to match both sides due to Chillinger's,
1:21:01you know, topographical location of
1:21:03slightly going uphill. You miss those
1:21:05signs coming the other direction. This
1:21:07is going to help,
1:21:09you know, restrict view and traffic, you
1:21:12know, instances. is that way they're
1:21:13going to be able to see this see the
1:21:15building correctly, see what the
1:21:17building has inside correctly as well as
1:21:19you know going not having to have it on
1:21:22one single side of the building. It's
1:21:23going to have multiple sides due to the
1:21:25kind of just hardship the building
1:21:27structure
1:21:27>> has. Is this what was there before as
1:21:30far as the numbers and such?
1:21:31>> Uh what was there before uh was
1:21:34installed prior to being annexed into
1:21:35the city. Uh and from my understanding
1:21:37it actually did comply with the city
1:21:40regulations.
1:21:40>> It did. But did the previous owner have
1:21:43an electric message board?
1:21:45>> They did not.
1:21:46>> Yeah. And that's
1:21:48>> Yeah.
1:21:49>> Would to ask the applicant, would you be
1:21:51willing to remove the electronic sign in
1:21:54order to get the
1:21:55>> I could ask, you know, who representing?
1:21:56I could ask that question to them, but
1:21:59for right now, I mean, I believe that's
1:22:01something they are wanting, something
1:22:02that is part of the signage they are
1:22:04prepared to spend by. You know, that's
1:22:06kind of the signs they're looking to
1:22:07modernize Mobile. you know, that's a
1:22:09modern sign. They're able to show and
1:22:11demonstrate multiple different, you
1:22:13know, instances on the sign as well. But
1:22:15it also, you know, like other signs, can
1:22:17be made dimmable and static at night.
1:22:19That way, it's not going to interrupt or
1:22:21afflict any, you know, surrounding
1:22:23areas.
1:22:26>> So, you would say dim
1:22:28>> what
1:22:29>> dimmable or off at night?
1:22:32>> If you need to ask them, that might push
1:22:35you to a holdover.
1:22:36>> Yeah. Okay.
1:22:39I'd like to request then the 30-day hold
1:22:41over then that's going going to be the
1:22:43case.
1:22:44>> Yeah, because we've been uh um you know
1:22:46>> you're just you're up against a hard
1:22:47standard
1:22:47>> here and we we granted these before when
1:22:51the residences are behind the building
1:22:54and the sign's not facing it. So we have
1:22:56a legal precedent that y'all have
1:22:58established. Uh here we got these houses
1:23:00right across the street staring right at
1:23:02it. I don't care if it's a front yard or
1:23:04backyard. So, if if y'all could agree to
1:23:06that, that would be great.
1:23:07>> And well, and I mean, and one of my
1:23:09concerns would be the elevation of the
1:23:11sign. Yes. It's not the the height, how
1:23:13high the the sign. I mean, it's one
1:23:15thing if it's out on the road in a
1:23:16monument fashion. It's another thing if
1:23:18it's at the highest point of the
1:23:19building.
1:23:20>> And signs aren't allow any signs aren't
1:23:21allowed over the uh um over the the roof
1:23:24line.
1:23:25>> That is correct. Yes, sir. The digital
1:23:26sign within 300 ft and over two. That's,
1:23:30you know, it's a Vshape, so it's almost
1:23:33two signs.
1:23:35All right. He has asked for a holdover,
1:23:37but u the board can uh um can act how we
1:23:40want to here. We want to go ahead and uh
1:23:42um and address this now.
1:23:46As far as um um
1:23:55>> if you deny it, you're going to
1:23:57accomplish what you want him to do next
1:24:00month and come back and say he will
1:24:02donor will remove it.
1:24:03>> Right.
1:24:03>> So,
1:24:05you know, I'm not saying that's what you
1:24:07ought to do. I'm just saying it's really
1:24:08the same.
1:24:09>> Yeah.
1:24:10>> Same finish.
1:24:12>> Okay.
1:24:12>> Same ending point.
1:24:13>> All right. Thank you. I may call you
1:24:15back, but go ahead. Anyone here in favor
1:24:17of or um against this application?
1:24:21Guys, what do you think? I kind of agree
1:24:23with Doug. Um I think if if if it's the
1:24:26if it's the u um opinion of the board um
1:24:29that we don't want the uh um to approve
1:24:31the digital sign, we can go ahead and
1:24:33move on that if we'd like to.
1:24:36You good with that? Okay. I'll hear a
1:24:38motion.
1:24:41Motion to approve the application
1:24:44without the electronic sign. Uh so let
1:24:47me get my wording correct with the
1:24:48following findings of fact um
1:24:52A and C and the uh
1:24:56conditions one and two.
1:24:58>> Okay. Okay. So, we have a motion to
1:25:00approve but uh with the uh condition
1:25:03that uh um that the uh not allowing the
1:25:06>> it does not include the
1:25:07>> does not include the electronic sign and
1:25:09the approval for um findings of fact AB
1:25:11and C and uh the uh conditions one and
1:25:14two
1:25:15>> that would be the electronic message
1:25:17board. I think they're all electronic
1:25:19designs but electronic message board for
1:25:22the
1:25:22>> electronic message board the thing that
1:25:24flashes.
1:25:25>> Okay. Do we have a second? Second.
1:25:28>> All right. All in favor say I.
1:25:30>> I.
1:25:30>> All right.
1:25:35All right. Moving on.
1:25:39All right. Number seven. Case number
1:25:416789 which is at 251 and 255 St. Louis
1:25:45Street and 106 160 North Jackson GS
1:25:48Realy LLC. And Mr. Gerald D. Bird.
1:25:57Jerry Bird, bird survey, [clears throat]
1:25:592609 Halls Mill Road
1:26:02here with the owners today.
1:26:05Um,
1:26:08yes, you know, the two variances we're
1:26:10asking for. One is to allow the curb cut
1:26:13onto St. Louis Street and two over on
1:26:17Jackson Street. and combining the
1:26:20properties. We can't access North Joacam
1:26:24Street because the building is at that
1:26:26end. Uh that's going to be a proposed um
1:26:31Ace Hardware and a liquor store on that
1:26:35end. Um
1:26:39the parking lot was developed
1:26:44thinking that the southern
1:26:47smaller what looks like a small
1:26:49standalone lot is will be for employees
1:26:54basically employees only for Ace
1:26:57Hardware and the Greer's grocery store
1:27:01that they thinking they will get them
1:27:04off of the street and onto the site and
1:27:06then customers
1:27:08uh can park on the street
1:27:12closer to the store.
1:27:15The
1:27:19main
1:27:22what I call the main driveway coming in
1:27:25from Jackson Street over and up to St.
1:27:27Louis, two-way drive going in and out.
1:27:31um that will accommodate
1:27:35the contractors
1:27:38with larger pickup truck maybe and a
1:27:40trailer to come in to the hardware store
1:27:43and purchase whatever they need to and
1:27:46haul it out. Uh even though there are a
1:27:50lot of tenants in the uh yeah a lot of
1:27:52residents in the area that can walk and
1:27:55gather small things, there'll be some
1:27:57items in that hardware store that
1:27:59they're not going to want to carry down
1:28:01the street a couple of blocks and up
1:28:03into their apartment. So they'll be
1:28:05driving over. Um
1:28:09if we
1:28:10tried to maximize that, we wouldn't have
1:28:13left that uh green space
1:28:17uh landscaped area on the corner which
1:28:20is going to have some benches in it
1:28:23accommodating the deli customers that
1:28:26are at the um grocery store during
1:28:30lunch. Uh
1:28:32now
1:28:34every day they have customers that are
1:28:37actually parking out on this property
1:28:41accessing the deli because they have a
1:28:43large deli trade. So it parking lot is
1:28:47basically serving u the Ace Hardware
1:28:53the liquor store and overflow at the uh
1:28:57grocery store.
1:28:58>> How many parking spaces are are y'all
1:28:59showing there? What?
1:29:01>> How many parking spaces are in there?
1:29:02>> I don't know.
1:29:05>> Don't ask me questions like that. Come
1:29:07on, Jerry.
1:29:08>> It might have been on the might have
1:29:10been on the drawing I submitted.
1:29:11>> How many?
1:29:12>> 64.
1:29:13>> 64. Okay. [laughter]
1:29:15>> Um,
1:29:16>> you want her to finish for you?
1:29:18>> Jerry, I was going to ask you this
1:29:19question, but I'll ask it of Lucy. The
1:29:22parallel parkings, well, after the St.
1:29:25Louis improvements are completed. Will
1:29:27there be the parallel parking spots that
1:29:30are there now?
1:29:34>> Address, please.
1:29:35>> Lucy Greer, 154 Holy Head Drive. Do you
1:29:37mean on the grocery store side?
1:29:39>> No, on this side.
1:29:40>> On the other side. Um,
1:29:42>> on this side?
1:29:44>> I would have to ask Jen Green Marie, do
1:29:47you know if there's I don't think there
1:29:49is there going to be street parking?
1:29:51Honestly, I can't remember. I'm sorry,
1:29:53Doug. I I am not sure on this part. Uh
1:29:56that would be like you said Jen Green
1:29:58would know for sure. I'm not sure.
1:30:01>> And Jerry, I'll ask you this. This curb
1:30:04cut to St. Louis, where does it line up
1:30:07to the curb cut into the grocery store
1:30:09parking lot? Traffic engineer. No.
1:30:14Oh, okay. You're not traffic. I'm sorry.
1:30:18[laughter]
1:30:19>> I can't I never see over there, so I
1:30:20never I don't know who you are.
1:30:22away.
1:30:27>> It's going to pretty much line up with
1:30:30the western curve but
1:30:32>> across the street.
1:30:36>> Yeah, I think it'll be
1:30:37>> this building
1:30:39>> over. Yeah.
1:30:41>> Wait. Uh Sarah Greer 63 6763 Bay Road.
1:30:46What's the question?
1:30:47>> The curb cut. The curb cut that's shown
1:30:51on the plane that y'all want to St.
1:30:52Louis Street. Is it directly across the
1:30:55curb cut into the Greer's parking lot?
1:31:00>> The Greer's parking lot, and I don't
1:31:02know, east, I guess, west, whatever we
1:31:04are, is further to the right. If I'm
1:31:07looking at our grocery store, it's
1:31:08further to the right. It's not directly
1:31:10across.
1:31:12You can't go out of this curb cut and
1:31:14into the grocery store. That's what
1:31:16you're asking. If you go to the liquor
1:31:18store, you can. [laughter]
1:31:20>> And back to the street parking, I can't
1:31:23with a 100% certainty say, but I I
1:31:26believe at least in front of the liquor
1:31:28store, they were talking about expanding
1:31:31that sidewalk out. So, I think street
1:31:32parking is not going to be there, but I
1:31:35don't know unless we ask Jen Green.
1:31:40>> Is the plan in compliance otherwise with
1:31:43the green and the islands and all that?
1:31:46Yes, sir. Okay.
1:31:50>> All right. Any other any questions?
1:31:53All right. Thank I think you dropped
1:31:54your glasses, Jerry.
1:31:55>> It was his pen.
1:31:56>> Oh, was it okay?
1:31:58>> Look, he's an old guy. We got to look
1:31:59out for him. [laughter]
1:32:02>> All right. Thank you very much.
1:32:06>> Yeah.
1:32:09>> Hey, Lucy Greer again. Um, I just wanted
1:32:13to say that our goal is, of course, to
1:32:18improve things in that area. We've been
1:32:21so happy with our business that we
1:32:24invested in the grocery store 5 years
1:32:26ago. And it's just been interesting
1:32:28because we kind of felt like it was
1:32:30going to be really just patron by people
1:32:32in the downtown community, which of
1:32:34course it is. People that live and work
1:32:36down here, but there are so many people
1:32:38that come and visit the store from
1:32:40Baldwin County, all of Mobile County.
1:32:43It's become quite the destination. So,
1:32:47we completely understand wanting to
1:32:48have, you know, a walkable community,
1:32:50but there are so many people coming to
1:32:52this location from other areas that
1:32:55aren't walkable, so they have to come
1:32:56downtown anyway and have somewhere to
1:33:00park. And we appreciate Jerry's help and
1:33:03just reiterating a few things. He said,
1:33:06"This is, you know, three businesses
1:33:08really that we're kind of joining. So,
1:33:10we wouldn't have purchased additional
1:33:13property unless we needed additional
1:33:16parking. So, we only have 33 spots on
1:33:18the grocery side and we have around 15
1:33:21people that are employed at one time on
1:33:25a shift. And so, that's already, you
1:33:28know, only 15 17 spots available and
1:33:32we're going to be adding additional
1:33:33employees with the add additional
1:33:36businesses.
1:33:37So, we knew that we didn't have to have
1:33:41all of that parking and so we thought,
1:33:44well, what can we do for the community
1:33:46and have it really a nice space? So,
1:33:48that's why we were proposing that green
1:33:51space. So, we tried to minimize the
1:33:54parking and not have more than what we
1:33:57needed. So, this is what we felt like
1:33:59was necessary for us to just do business
1:34:03on a normal basis. So, we appreciate
1:34:06y'all's consideration and thanks to
1:34:08Marie for helping us along the way.
1:34:11Thank you.
1:34:12>> All right. Thank you.
1:34:15>> All right. Anyone here else want to
1:34:17speak in favor of or against?
1:34:23No.
1:34:25All right. No questions. All right. We
1:34:27have an application here. Um the uh
1:34:31chair will entertain a motion. Before
1:34:40we make a motion, do we need to have
1:34:42something in here that states that that
1:34:45goes along with what St. Louis street's
1:34:48going to be? Because if that driveway
1:34:49needs to be shifted one way or the other
1:34:52based on the new layout, is that
1:34:54something that we need to put into this?
1:34:55>> I think that would be in the just
1:34:56working with the engineering department
1:34:59um
1:34:59>> to handle that. Yeah, because I don't
1:35:00think that the city the city wouldn't
1:35:02approve something that was in in
1:35:04conflict with what's going on.
1:35:06>> I know that Jen Green, who is in charge
1:35:08of the project that's being done on St.
1:35:11Louis Street, is very aware of the work
1:35:13going on at this location as well as the
1:35:16uh other projects in this area. uh and
1:35:19so they are in uh conversations with
1:35:22them to make sure that the proposed
1:35:24changes that the private property owners
1:35:26are proposing will work handinhand with
1:35:29the work that the city is proposing.
1:35:31>> Okay.
1:35:31>> So, so our approval isn't specific to
1:35:34this drawing. It is just allowing an
1:35:36additional curve cut.
1:35:39>> Well, variances are site plan specific.
1:35:41So, uh we could approve administratively
1:35:45very minor adjustments. So if uh Jen
1:35:47Green and company needed that curb cut
1:35:50to be shifted somewhat, we could approve
1:35:52that administratively without having to
1:35:54come back.
1:35:55>> Didn't want it to come back because of
1:35:56something like that.
1:35:57>> Yeah.
1:35:57>> Yeah. We we could of it
1:35:59>> and and if you were so inclined, you
1:36:01could put a condition on there that uh
1:36:04the curb cut to St. Louis Street be uh
1:36:07worked with uh Jen Green's office on on
1:36:10that placement.
1:36:11>> Okay. Make the motion
1:36:15question. So motion to approve with the
1:36:18findings of facts A, B, and C and the
1:36:19conditions one and two with an
1:36:22additional condition to of the
1:36:24improvements to be coordinated
1:36:26>> with the project manager for the St.
1:36:28Louis construction.
1:36:30>> Uh we have a motion to approve um sub
1:36:33findings of fact and uh uh conditions
1:36:35one and two and with an additional
1:36:37condition that the uh um will work in
1:36:39conjunction with the city um along with
1:36:42the uh work being done on St. move
1:36:44straight. All right, we got a second.
1:36:46>> Second.
1:36:47>> All in favor say I.
1:36:48>> I.
1:36:49>> Motion to approve.
1:36:55>> All right, we've got number eight, case
1:36:57number 6790 at 250 St. Francis Street.
1:37:00Mark Pipper.
1:37:02>> Yes, sir. Mark Pipper, 157 Lake Ridge
1:37:04Drive, Madison, Mississippi. Uh I'm here
1:37:08with Dale Partners who I'm employed with
1:37:11be a construction administrator on this
1:37:13PR. excuse [clears throat] me, project
1:37:15here representing the design team and
1:37:17Mr. Patel. We have four different
1:37:19variances we'd like to seek your
1:37:21approval on today for the Home Two
1:37:23Suites Hotel uh between uh St. Francis
1:37:27and uh St. Michael's. The first has a
1:37:30transparency issue along the St.
1:37:32Michaels Street. Uh we're short of the
1:37:35ordinance requirement and part of that's
1:37:37driven by a couple of things. Uh number
1:37:39one on the first floor there is a
1:37:42mechanical room. Uh there's adjacent to
1:37:45it is the stairwell that obviously goes
1:37:47from first floor all the way up
1:37:50uh to the top floor, fifth floor of this
1:37:52facility. And so on the first floor in
1:37:54those two spaces, obviously we didn't
1:37:56have any windows added there. Uh maybe
1:37:59on that mar that uh if you had that
1:38:03rendering that might be helpful.
1:38:07Oh, he's referring to the the rendering
1:38:10here that uh has been placed at all of
1:38:12your your seats there.
1:38:14>> Yes, sir. That that north one right
1:38:16there.
1:38:18>> So, um you see the little opening with
1:38:20the X in it. That's the exit from the
1:38:22stairwell.
1:38:24Immediate to its left is the stairwell
1:38:26that exceed that extends all the way up
1:38:29the facility. And so, obviously, we
1:38:31didn't want to add windows there. Uh ju
1:38:34just to the left of that is that
1:38:36mechanical room on floors two through
1:38:38five. Above the mechanical room is the
1:38:41restrooms.
1:38:43And then where you see the stairwell
1:38:45exit,
1:38:46the door with the X in it. Above those
1:38:49are the uh also u restrooms for those
1:38:52guest rooms on floors two through five.
1:38:55And then just to the right of it, floors
1:38:58two through five is the bedroom for a
1:39:01king suite. So, if we were to add
1:39:03windows in that room and on the other
1:39:06side, the east elevation,
1:39:08it wouldn't uh be really conducive to
1:39:11installing bedroom furniture. You'd
1:39:13either have a bed or a TV or something
1:39:16have to be mounted on a window. One of
1:39:18those two windows and have a wall. Yeah.
1:39:20>> Yes, sir.
1:39:22The second, if you want me to go to the
1:39:24second one, uh would be on the awnings
1:39:27on the east and south sides. The design
1:39:30of the building was such that uh as I
1:39:33understand the ordinance you require six
1:39:35foot awning over at least 80% run of the
1:39:38building. On our east side we have about
1:39:40185 ft. And if you look at the
1:39:42landscaping rendering with the trees
1:39:45that are being added uh rather than do
1:39:48the sixoot we actually included a twoft
1:39:51awning over each of the punched windows
1:39:53on both those elevations.
1:39:56>> Which elevations are those? I'm looking
1:39:58at at this. Yes, sir. That's correct.
1:40:00This is This is the east and this is the
1:40:03south.
1:40:03>> Where where are the where are the
1:40:06awnings in this picture?
1:40:09>> Well, that one probably don't
1:40:12>> Are they in in any of them?
1:40:14>> Well, you can see them. They're behind
1:40:15the trees.
1:40:16>> Behind the trees. Oh, okay. I I see I
1:40:18see them, sir.
1:40:19>> Yeah. Gotcha.
1:40:20>> I'm sorry. It's a two foot awning over
1:40:21each punched window.
1:40:23>> I see it.
1:40:24>> Thank you.
1:40:26Are those trees going to be that big
1:40:27when you put them in? [laughter]
1:40:31>> Hopefully.
1:40:32>> Yeah.
1:40:33>> Yes. U then the third and the fourth
1:40:35have to do with a curb cut uh width of
1:40:38one and also uh with a dumpster and I'm
1:40:41going to defer to my associate here, Mr.
1:40:44Adam Martin.
1:40:46>> All right. Name and address, please.
1:40:48>> Adam Martin, 11 North Water Street.
1:40:51Um, and then this variance is requesting
1:40:54um
1:40:56what we're calling maneuvering. Um,
1:40:59there's actually a sort of a a complex
1:41:02variance because it's there's there's
1:41:04two ways to service trash here. You can
1:41:06either pull into the dumpster itself if
1:41:08a stationary dumpster is going to be
1:41:10required, which is some of the
1:41:12conversation we've had with staff. Well,
1:41:14what we'd really like to happen is for a
1:41:17uh a movable dumpster similar to uh the
1:41:21just a larger version of the cans you
1:41:23see all over downtown that are wheeled
1:41:25out on two wheels, picked up curbside by
1:41:27a stationary vehicle, usually a side
1:41:29dump. We're looking for um to allow uh
1:41:34two fouryard bins to roll out of it
1:41:38would actually be a private service that
1:41:39would come to the enclosure. they would
1:41:41pull them out of the bins, put them in
1:41:43the street, overhead dump, and then go
1:41:44about their way. Um, we prefer not to do
1:41:48any maneuvering in the rightway. Um, but
1:41:52for sake of trying to get the
1:41:54flexibility we need and not
1:41:55understanding where the uh the board was
1:41:57going to be, we requested what was
1:41:59called maneuvering and for the dumpster
1:42:02to be uh positioned in the right way.
1:42:04>> What's the enclosure like?
1:42:06there. Um, in the images, uh, there's a
1:42:09there's an image of that enclosure, but
1:42:11it's it's going to be welldesigned. It's
1:42:12going to be painted um painted wood, uh,
1:42:16a similar kind of aesthetic to
1:42:18complement the building.
1:42:19>> I I got it.
1:42:20>> Mhm.
1:42:22[clears throat]
1:42:23>> And you said you'd have two portable
1:42:25ones inside there?
1:42:27>> Yes, sir. There's another image I sent
1:42:28to Miss York this morning. Um, this same
1:42:33condition exists uh several blocks away
1:42:35on St. Michael. So, pretty much what you
1:42:38see there, these this company, they roll
1:42:40these couple dumpsters out for a dump
1:42:42day. They dump them and then they go
1:42:45about their way and then they put them
1:42:46back inside.
1:42:48So,
1:42:48>> sir, if I if I can ask a question about
1:42:51the dump just the dumpsters right now
1:42:53because we got four we're trying to talk
1:42:54about here. So, I mean, you you've drawn
1:42:56this with this angled uh wooden
1:43:00thing as if it would be a dumpster you
1:43:05or or the truck accessing it from the
1:43:07rightway, right? So, if you were to
1:43:09change it to the rolling, I mean, does
1:43:10it have to be does it have to look like
1:43:12a dumpster bin at that point or can it
1:43:15>> change to be I'm not sure I understand
1:43:16the question.
1:43:17>> Yeah. I mean, right now in the in the
1:43:19rendering, it's angled as if it was
1:43:20going to be accessed from the road with
1:43:22>> That's simply to make it easier to
1:43:24actually roll the dumpsters out because
1:43:26we would use the curb cut to do that.
1:43:29>> We would use the driveway to do that.
1:43:30And and I'm just thinking could you I
1:43:32mean and I maybe it's beyond what we're
1:43:33trying to address here, but could it be
1:43:34could it look not like a dumpster bin at
1:43:37that point and just since you're
1:43:39wheeling it out
1:43:45>> probably two follow um is there an
1:43:49enlargement of the site
1:43:52of that particular site
1:43:55>> in the
1:43:58>> because technically I have two sites
1:43:59here. They're technically two different.
1:44:01>> So this on the primary site with
1:44:03>> Yeah. There is there an enlargement of
1:44:04it in there? No. Okay. Um I think to
1:44:08answer your question, it's possible. Um
1:44:13it's possible.
1:44:15So you would you're you're suggesting
1:44:17that would basically open toward what is
1:44:19the internal drive?
1:44:21>> Possibly. I mean, I'm not trying to
1:44:23design the site for you, but I just as
1:44:25if I look at that when I drive by it, it
1:44:26looks like a dumpster container. And I
1:44:28and if we get rid of trying to access
1:44:30from the rightway with a traditional
1:44:32dumpster and you're going to the wheeled
1:44:34method, um maybe there's a better
1:44:37>> You're talking about materials.
1:44:39>> Yeah. Maybe look more like
1:44:41>> it's it's behind the fence or something.
1:44:43Not Yeah. I mean, not not just I think
1:44:46you've answered my question.
1:44:47>> You follow what he's trying to say?
1:44:49>> And I can show you on your picture after
1:44:51if you want. Um I
1:44:54>> think what he's saying is does it have
1:44:55to look like a dumpster enclosure?
1:44:58I mean,
1:45:01[laughter] we can
1:45:02>> It is a dumpster. It is. What do you
1:45:04want? Yeah. I mean, that would be my
1:45:05question. Is
1:45:06>> Yeah. Is there Is there a I mean, we
1:45:08could use some more of the material that
1:45:10is on the building. Probably pull that
1:45:12into the design. You mean
1:45:13>> I think that would look better
1:45:14>> with brick like brick and things like
1:45:16that
1:45:17>> and still because you don't necessarily
1:45:18I mean anyway, I I think you understand
1:45:20what I'm saying. Right now it looks like
1:45:22it
1:45:22>> will be del
1:45:23>> and it it'll deteriorate over time and
1:45:25then
1:45:26>> look like
1:45:27>> we I mean we can certainly use a higher
1:45:29grade material that more complimentary
1:45:31of the building. Right.
1:45:32>> Well, but I think you're accomplishing
1:45:34your goal by getting a wheeled dumpster
1:45:36potentially.
1:45:37>> Yeah.
1:45:38>> Yes, that can be done.
1:45:41>> On the on the drive valve width, what is
1:45:44there any particular
1:45:47>> the curb cut that's on the side? the
1:45:50width of the a lot of that is related to
1:45:53um if we if we are not allowed to
1:45:58stage the trash cans for a stationary
1:46:02overhead dump. So if if this if this uh
1:46:05vehicle is not allowed to pull up on St.
1:46:08Michael Street park
1:46:10>> overhead dump
1:46:11>> and go on its way. Then that means we
1:46:13are going to have to maneuver across the
1:46:15right because that's the only other way
1:46:16to get into the enclosure
1:46:18>> which we don't really want to do. We
1:46:19want to be able to roll the dumpsters
1:46:20out to the street overhead dump them and
1:46:22go about our way. But that's one of the
1:46:24reasons for that.
1:46:25>> So is your is your curb cut width
1:46:28request solely based on the
1:46:31>> It is. just based on maneuvering for the
1:46:32to to accommodate a a vehicle to
1:46:35>> so if we solve your problem with the
1:46:38wheel
1:46:38>> we don't need 25 we don't need over 25
1:46:40ft you're right that variance goes away
1:46:44that's helpful thank you
1:46:45>> not entirely because you would still
1:46:47have to have a variance to allow the
1:46:48curb cut to your primary street frontage
1:46:53because you have a curb cut on all
1:46:54street frontage
1:46:55>> but we are allowed one curb cut per
1:46:56frontage
1:46:57>> with the exception of your primary
1:46:59frontage if there is a secondary
1:47:00frontage available That's not our
1:47:01primary frontage. Our primary frontage
1:47:03is Joe Aackham,
1:47:04>> which you have a curb cut for the
1:47:05parking lot.
1:47:06>> You have a curb cut to Joe.
1:47:08>> No, we removed them.
1:47:10>> There's one that was submitted with the
1:47:12application. There's a curb cut to Jo.
1:47:14>> Can you zoom out? There's one on
1:47:16Jackson.
1:47:17>> Yeah. Not
1:47:18>> so that was removed. This must be an old
1:47:20site. That was actually a comment in the
1:47:22per the original Tier 2 permit submitt.
1:47:24And unless I'm mistaken, we've we I I'm
1:47:28not mistaken. We've removed that one.
1:47:30Um, it's just this is an old
1:47:31>> plan doesn't show anything on Oh, this
1:47:34one up here.
1:47:35>> Yeah. So, Drew Akim that that curve
1:47:36cut's been removed. We're only emptying
1:47:38out onto Jackson Street and Michael
1:47:39Street, St. Michael Street.
1:47:43>> We would love to have that curve cut,
1:47:45but in order to accommodate staff
1:47:47comments during permitting, we removed
1:47:48that driveway. So, that's not there
1:47:50anymore. Our primary fund is Joacum,
1:47:52which is why we added the street trees,
1:47:53which by the way are not required by the
1:47:55ordinance. That's an above and beyond
1:47:56thing. uh because we are trying to make
1:47:59that more of a primary frontage. It's a
1:48:00it's going to what lead it's going to be
1:48:02what leads you to Dolphin Street and all
1:48:04the you know the places that are you
1:48:07know the destination places of downtown.
1:48:09So we are that's the way we're looking
1:48:11at Joakim Street. It is our true
1:48:13frontage.
1:48:16>> So I'm looking at a site plan here that
1:48:18on your secondary parking lot site it
1:48:21doesn't touch but there is a single exit
1:48:23on Jackson. Is that the right current
1:48:27>> site plan you're looking at
1:48:30is older. This one on the screen looks
1:48:33>> I'm looking at I'm looking at something
1:48:35that's in our
1:48:36>> Okay. That's correct. Yes.
1:48:38>> It's just not in the report.
1:48:39>> It's just not in the report.
1:48:41>> Yeah.
1:48:42>> Yes, sir.
1:48:43>> That's correct.
1:48:44>> Those are in the supplemental documents.
1:48:46>> Yeah. Not the report.
1:48:47>> Correct. And that's what will be part of
1:48:50the permit.
1:48:52>> Okay. Thank Thank you.
1:48:54>> Okay.
1:48:56>> Anything else?
1:48:58I think so.
1:49:00All right. Thank you.
1:49:03All right. Anyone here in the audience
1:49:05um want to speak in favor of or against
1:49:07this application?
1:49:09All right.
1:49:12All right. We have an application. Um
1:49:15do we have um any other comments of the
1:49:18board?
1:49:20No. All right. Jill a motion.
1:49:23>> I'll make a motion to approve
1:49:26and following the findings of fact 8 B
1:49:30and C and conditions one, two, and
1:49:32three. But I want to be clear that so
1:49:34we're going to allow the wheeled
1:49:35dumpster,
1:49:39but we're not going to approve the
1:49:41extended curb cut.
1:49:44So you're recommend your your motion is
1:49:47to approve all of the requested
1:49:50variances with the exception of the curb
1:49:51cut width.
1:49:52>> Yeah. Yeah. Um
1:49:54>> how about the materials of the um
1:49:56enclosure that they do?
1:49:59>> Yeah. Yeah. And then we we also want to
1:50:00add a condition to match the conditions
1:50:03of the dumpster enclosure to the
1:50:04structure the primary structure. So the
1:50:07condition is the materials of the
1:50:09dumpster enclosure needs the materials
1:50:12of the hotel.
1:50:14>> Correct.
1:50:14>> Okay.
1:50:14>> And then
1:50:15>> you okay with that?
1:50:17>> Come on back.
1:50:17>> Just just to be clear in
1:50:19>> Sorry,
1:50:20>> I don't want to hear him you in. But
1:50:22>> just to be clear,
1:50:23>> we're just talking about the width of
1:50:25the driveway. The driveway would be
1:50:26there. We just
1:50:27>> driveway is allowed. It's just not your
1:50:29question. Yeah.
1:50:29>> Extended width
1:50:31>> exceeding 25 ft. That's right.
1:50:33>> It's not Yeah.
1:50:37Yep.
1:50:37>> All right. You got that, Murray?
1:50:40>> Yes, sir. I think so. Thank you.
1:50:42>> All right. We have that motion um with
1:50:45[clears throat] findings of facts and
1:50:46the conditions one, two, and three with
1:50:48additional conditions um [clears throat]
1:50:52that Marie has the no extended width of
1:50:55the curb cut and the materials to uh um
1:50:59be more consistent with the primary
1:51:01structures. All right, we have a second.
1:51:04[cough] I second. [clears throat]
1:51:05>> Okay,
1:51:07>> I second.
1:51:08>> Okay, second. All right, got a motion
1:51:09and a second.
1:51:10>> Oh, I thought it was.
1:51:11>> All in favor?
1:51:13>> I post. Motion carries. Thank you, guys.
1:51:22>> Let's not do No, no, not let's not do
1:51:24number nine again. We'll do that when
1:51:25Bill's here.
1:51:27>> Hey, we tell him, but we did that for
1:51:28him,
1:51:29>> right? All right. number 10. Um, which
1:51:33is, uh, 6792 and 6752 Newman Lane.
1:51:39Carrie,
1:51:42>> come on down.
1:51:46>> Thanks y'all. Carrie Commandis, uh, 150
1:51:48Government Street, Mobile. So, I'm here
1:51:51for a It's basically a driveway with
1:51:53variance for both of these properties.
1:52:00What was approved at these sites
1:52:02previously or was that before the
1:52:03planning commission? I don't recall.
1:52:05>> No, it was approved previously for a
1:52:08single driveway to go between it's two
1:52:10lots and we had sought a cottage court
1:52:13approval when the two parcels when we
1:52:15were going to treat the two parcels as
1:52:17one. Um, but now we are splitting the
1:52:21parcels back apart the way they've
1:52:23always been and utilizing the existing
1:52:25curb cuts with interior parking. And
1:52:28it's not like it's going to be um
1:52:32uh a parking lot. It's just more of a
1:52:35parking pad for the three modest houses.
1:52:39>> Give us a little background on what
1:52:41y'all are doing there.
1:52:43>> Um renovating uh five historic
1:52:45>> renovating just
1:52:47>> five historic houses. They're
1:52:49contributing. The first the first parcel
1:52:51in front of you has three houses on it
1:52:54and a lot right next door has two
1:52:57houses.
1:52:58there. Again though, I'd like to stress
1:53:00that these are modestsized houses. There
1:53:02will be um onebedrooms and studios.
1:53:06>> And who's doing this?
1:53:07>> Africa Town Redevelopment Corporation.
1:53:09>> It's the group. Okay.
1:53:11>> Yes. They actually have almost 15
1:53:14projects under construction right now.
1:53:16>> That's fantastic.
1:53:16>> It is.
1:53:17>> Yeah. So,
1:53:18>> that's great.
1:53:19>> Okay. Any questions here?
1:53:24All right. Is anyone here in favor or
1:53:26opposition to this? Doesn't look like
1:53:28it. All right. That being the case, um
1:53:30hearing their motion.
1:53:38I'll make a motion to approve um subject
1:53:40to findings facts A, B, and C and
1:53:43conditions one, two, and three.
1:53:46>> Second.
1:53:47>> All right. We have a motion and a
1:53:48second. All in favor say I.
1:53:49>> I.
1:53:50>> Oppos. Motion.
1:53:54So this is the property right next door
1:53:56on the next property.
1:54:08>> I'm sorry. I'm I'm sorry. I didn't It's
1:54:10the same.
1:54:12>> Yeah.
1:54:14[laughter] I didn't realize.
1:54:17>> Thanks.
1:54:20speak on this
1:54:22>> motion to approve findings in fact AB
1:54:25and C uh conditions one, two, and three.
1:54:28>> Second.
1:54:28>> A second motion to second. All favor say
1:54:31I.
1:54:32>> I
1:54:44pay attention up there.
1:54:46>> I'm really far back here.
1:54:49It's number.
1:54:52>> What was that?
1:54:55>> Well, just sticking to it.
1:54:57>> Yeah.
1:55:03>> Uh my name is Alvin Ramos. Uh 4590 118th
1:55:07Avenue North, Clearwater, Florida. Uh
1:55:09I'm here uh on behalf of Thomas Sign and
1:55:12Awning representing Wawa. Uh we are here
1:55:16to request for an amendment to an
1:55:19existing approved variance from 2025.
1:55:22Um uh at this newly constructed WAWA,
1:55:25we're seeking uh an addition or or to
1:55:29complete uh the intent of an existing
1:55:31multi-tenant uh commercial pylon that
1:55:34was already on the parcel uh when this
1:55:36parcel uh was newly developed for this
1:55:39gas station uh retail location. Uh the
1:55:44per previous agreements between uh the
1:55:48property owner and Wawwa uh the original
1:55:50intent was to complete the thought and
1:55:53the idea to be able to add the
1:55:54additional uh copy area to the existing
1:55:58multi-tenant sign that is on Wawwa's
1:56:00property. Currently, uh there is no face
1:56:04in that multi-tenant pylon. There hasn't
1:56:06been a face since we started this
1:56:07project 2 years ago and through all of
1:56:10our reviews previous to it, it's been
1:56:12empty. So, uh it's kind of a an
1:56:17a common agreement or at least something
1:56:19that was decided upon in the initial
1:56:22lease kind of uh agreement that WAWA
1:56:25could and would be able to uh add their
1:56:28additional just copy area to the
1:56:31existing multi-tenant sign. Uh each sign
1:56:34that we're proposing right now just in a
1:56:36copy area in itself is uh about uh just
1:56:39under nine square feet. Uh
1:56:43uh the multi-tenant sign I believe is
1:56:45internally illuminated.
1:56:47Uh but it is an existing sign. Um and
1:56:50Wawa would like to uh continue with that
1:56:53general agreement in order to add their
1:56:55copy area.
1:56:58This site was previously granted a sign
1:57:00variance to allow Wawwa to have two
1:57:03freestanding signs as well as three wall
1:57:05signs. So they wish to amend that
1:57:09previously granted sign variance to
1:57:11allow them to have an additional uh
1:57:13panel on this existing multi-tenant uh
1:57:15sign
1:57:20>> to modify the existing sign variants.
1:57:23They are required to come back to the
1:57:25board. Yes, sir.
1:57:29Yeah,
1:57:30>> it's not an administrative appeal. This
1:57:31is a variance.
1:57:40>> Is there anything you can do about
1:57:41matching these gas prices that are on
1:57:43this side?
1:57:45>> Like $2 diesel, $150.
1:57:47>> Unfortunately, if I could, I probably
1:57:49would, but that is uh that is out of my
1:57:52pay grade, unfortunately.
1:57:56I wish because in just two years time
1:57:58that is uh it's drastic. So anything we
1:58:01could do to to help that out?
1:58:10>> Motion to approve with uh facts and
1:58:14findings and additional condition number
1:58:17one.
1:58:23>> second.
1:58:26>> I
1:58:26>> I
1:58:30>> That's all right. I have a good time.
1:58:32Staying downtown, so
1:58:33>> All right.
1:58:34>> I'm all right.
1:58:36>> Thank you.
1:58:36>> Thank you very much. Enjoy your uh
1:58:38evening.
1:58:38>> Where you going to dinner? Uh well uh
1:58:41the the place I'm staying at is uh seems
1:58:43to have a pretty good uh o oyster bar.
1:58:46So we're going to try that at the uh
1:58:48Maaga in
1:58:49>> Malaga.
1:58:50>> I'll go.
1:58:51>> Don't say Malaga, man. You're out of
1:58:52here.
1:58:53>> Yeah, [laughter]
1:58:54>> that's like saying Mobile.
1:58:55>> Yeah.
1:58:57>> All right. Thank you very much, Doug. We
1:58:59got anything, buddy? We we had a
1:59:01speaking of pronunciation we had a trial
1:59:10[laughter]
1:59:11from New York.
1:59:13>> Whatever.
1:59:15>> Welcome to Ka County.
1:59:18>> Hey, that's Hey,
1:59:20>> Doug. That's when you go like that. Out.
1:59:23Out.
1:59:24Maybe he's ajourned.
```*
