CITY OF ENTERPRISE BOARD OF ADJUSTMENT MEETING –May 8, 2013

The Enterprise Zoning Board of Adjustment met on Wednesday, May 8, 2013 at 4:30 p.m., in the Council Chambers of City Hall with the following members:

Present:       Anne Bridgette – Chairperson

               Hugh Meade – Vice-Chairperson

               Joddy James

Absent:        L.C. Presley

               Ray Helms   

Supernumerary:  Jacque Hawkins

               Becky Hancock

Also Present:  Staci Hayes – Secretary/Recorder

               Rainer Cotter – City Attorney

               Ray Bickley – Administrative Official

               Lonnie Miller – Interim Building Official

REVIEW OF MINUTES – April 10, 2013

A Copy of the minutes from the April 10, 2013, meeting was provided to each member of the Board of Adjustment.  Being there were no corrections, Mr. Joddy James offered a motion to accept the minutes as presented.  Mr. Hugh Meade made the second.  The vote being all ayes, motion carried. 

OLD BUSINESS: 

NEW BUSINESS:

Pamela McNair – Special Exception – 602 Mill Ave.

Ms. Anne Bridgette introduced a request by Pamela McNair for a special exception for a mobile home located at 602 Mill Ave.

Ms. McNair explained to the board that due to her mother’s illness which has declined she needs to be closer to the emergency room and closer to the rescue squad in order to take her to Dothan if need be. Her brother is mentally ill and she needs to be close to him as well to take him back and forth to the health dept.

Ms. Bridgette asked if she had any documentation from the doctor regarding her mother. Ms. McNair replied no just a medication list.

Mr. Meade asked how old her mother and brother were. She replied 73 and 37. Mr. Meade also asked where her brother lived and she replied with her mother at 126 Bell St. She also stated that the house on Bell St. needed a lot of repair and that is why they come stay with her sometimes.   

Mr. James asked what she did for a living. She replied that she worked part-time at a funeral home in Ozark. Mr. James asked if financially it would better for her to move in with her mother. She stated that they go back and forth and mostly stay at her place because her mother’s house needs a lot of work.

At that time Rainer Cotter, City Attorney stated that in the Zoning Ordinance there is a list of things that need to be presented and with that being said he is not sure these stipulations were in place at the time of her original request but one of the stipulations states Such manufactured homes must be for the use of the property owner. He then asked Ms. McNair if she owned the property and she replied no. Mr. Cotter stated that they cannot grant the request because there are (4) area total that explain it must either be for the homeowner or homeowners family. Ms. McNair explained that Mr. Beckham was supposed to come up with a price to sell it to her but he has not done that. Mr. Cotter explained that under the Ordinance that she does not meet the requirements and his recommendation would be to give her some time to move the mobile home off the lot.

There being no additional questions, motion was made by Mr. Joddy James to deny the request and give her 90 days to move the mobile home off the lot located at 602 Mill Ave. Second made by Mr. Hugh Meade to deny the request. The vote being unanimous, motion carried.

Corporate Property Services, Inc. – Variance – 626 Boll Weevil Circle

Ms. Bridgette introduced a request by Corporate Property Services, Inc. on behalf of Chick-Fil-A for the following variances to allow a 10’ front landscape buffer along the access road right-of-way wherein a 15’ front landscape buffer is required, to allow for a reduction in the number of required trees within the front landscape buffer due to the request for 10’ front landscape buffer, to allow for the installation of the required landscape buffer trees to be planted in newly formed landscape islands within the shopping center parking lot, adjacent to the project site.

Mr. Bickley explained that the third item would be omitted because it will not be required.

Mr. Kakunas explained to the board that reduction in the landscape buffer is because they could just not fit everything in under the current requirements.  The trees would not survive in a 10’ stripe because there is simply not enough room for them.

Mr. Bickley explained to the board the reasoning for the variance request and the omission of the third item and also stated they would have plenty of shrubbery and it would look very nice when completed.

There being no other questions, motion was made by Mr. Joddy James to approve the first and second variance request. Second was made by Ms. Hawkins. The vote be unanimous, motion carried.

ADJOURNMENT:

There being no further business before the Board, Mr. Hugh Meade made a motion to adjourn. Mr. Joddy James made the second.  The vote being all ayes, motion carried.

______________________________        __________________________

Ms. Anne Bridgette                     Staci Hayes

Chairperson                            Secretary/Recorder