Planning commission denies subdivision after neighbors raise safety and access concerns

The Mobile City Planning Commission voted to deny a proposed subdivision of three lots at 61 South MacGregor Avenue on May 15, after neighbors and staff raised concerns about access, emergency response and maintenance responsibilities.

Chair Jay Stubbs opened the public hearing and noted the item was a holdover from a prior meeting and that Commissioner Kurt Matei was recused from this application. During the public comment period, neighbor Meg Mate told commissioners she and other families have deeded access to Warren Court and objected to any plan that would make Warren Court the primary access for a new lot. “We ask that the matter be denied with the stipulation that Warren Court not be used as a primary access for any future development on that lot,” Mate said, adding that the narrow drive already serves four homes with “9 cars and 10 children who live or visit on a daily basis.”

The record shows the applicant, identified as Mr. Gray, did not attend the hearing; planning staff told commissioners Gray had emailed staff requesting more time and proposing alternatives, including dedicating a driveway lot, but staff advised a road maintenance agreement would still be needed. Staff also told the commission that Warren Court is roughly 10 feet wide, that city refuse trucks and fire apparatus cannot access the lane, and that ambulances can reach the end but might need to turn around. Commissioners asked whether neighbors could be compelled to join a maintenance agreement; staff replied participation would be voluntary and not legally enforceable by the city.

In deliberations the commission considered the public testimony and staff recommendations. A motion to deny the subdivision application was made and seconded; the chair called the question and the motion passed on an affirmative voice vote. The official action recorded in the meeting minutes is a motion to deny the subdivision application at 61 South MacGregor Avenue, which the commission adopted.

This decision ends the current application. Staff told commissioners that if the application were denied, the applicant would be precluded from reapplying for six months for a subdivision, per standard practice referenced at the meeting, and that appeals of subdivision decisions are to the circuit court. The planning department will publish the denial and decision letter and notify the applicant and involved property owners of next steps.