Subdivision changes cause questions in Orange Beach

By Crystal Cole
Posted 2/20/17

Several minor subdivision approvals came before the Orange Beach Planning Commission, with questions being raised by commissioners and residents about them.

A site at 4225 Orange Beach Blvd. was …

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Subdivision changes cause questions in Orange Beach

Posted

Several minor subdivision approvals came before the Orange Beach Planning Commission, with questions being raised by commissioners and residents about them.

A site at 4225 Orange Beach Blvd. was up to combine two lots into one at the request of The Broadway Group, a corporation looking to put a business there. The property currently holds neighborhood business zoning.

The planning commissioners asked city staff if the structures currently on the property were compliant with the zoning, but were told by the representative of the owners the current structures would not be an issue.

“I’m the one that has requested the combination, and I can speak to the buildings,” DeAnna Hyche, the group’s representative, said. “Those buildings will no longer be there when the lots can be connected.”

Though several commissioners asked, Hyche said she could not reveal what was going to be going onto the property, though she did reveal she would be seeking approvals from the city’s Board of Adjustments for some variances on the property.

“There are actually a series of variances and they all have to do with landscaping,” Hyche said. “In terms of the width of the existing lot, we couldn’t meet the width of the buffer requirements along Rose Lane. We can provide buffer there, but we can’t meet the 10 foot width.”

Hyche said they would also be seeking a variance involving the number of parking spaces required.

“Based on the square footage of the building that we’re proposing, your ordinance would require 53.2 parking spots,” Hyche said. “We have built this building in many places across the county, and the building we are building just does not need that. We have proposed a reduced number of parking, taking it down to 30 versus 53.2.”

The commission approved the lot merger unanimously.

A lot subdivision in Bear Point Estates drew commentary from a nearby neighbor, Frank Matros, who said he was concerned about the proposed changes.

“It’s just up to her what she wants to do on that land,” Matros said. “As far as dividing it in two, I understand making a profit, but I just have trouble when you make a profit at other people’s expense.”

The owner of the property in question, Aileen Fountain, sought to subdivide her lot into two lots. While Matros said she certainly had the right to do that, he worried about what other issues could come up as a result of the change.

“ I know this is not an issue about the boathouse, but when that time comes it’s going to be a big issue here,” Matros said. “That’s going to be a tough issue with a lot of families.”

Planning Commission member Christina McInnis questioned if the city had approved subdivisions of water front lots like what were being proposed, especially with such narrow lengths. Staff replied that the city had approved similar “pie-shaped lots.”

The commission passed the subdivision with McInnis and Ralph Moore voting against.

Changes to Lots 70 and 71 of the second addition to the East Orange Beach Subdivision also drew several public comments, as nearby residents objected to the potential subdivision of the lots into four new lots that would smaller than surrounding ones.

“This is really lowering property values in older subdivisions by dividing these new lots up,” resident Brett Hope said. “I’m asking you to consider what you’re doing before you vote to approve this just because it meets requirements.”

Resident Jim McCready said he believed the changes might not meet parking requirements for the zoning changes requested and questioned the legality of the platt change.

“The platt that was originally submitted might be held up in court,” McCready said. “All of the lots on that original subdivision were 80 to 100 foot lots. I don’t think there were any 50 foot lots in there.”

McCready told the commission that there were maybe two current lots that were around 50 feet, while 95 percent of the current lots located there are 75 to 100 feet.

The commission said they understood the residents concerns but were told by legal counsel it could prove difficult not to approve the changes since they met all requirements set by the city.

The commission unanimously approved the lot changes.

The commission also approved a joining of Lots 36, 37 and 38 in the East Orange Beach Subdivision into a single lot. Owner Scott Rowland said he and his wife planned to retire and use the property themselves.