Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Setback Variance topic
No spam. Unsubscribe anytime.
Board approves setback variance for trash enclosure at 5399 U.S. Highway 90 West; one member opposed
Summary
A developer proposing a new c‑store and fueling station at 5399 U.S. Highway 90 West received a setback variance to place an 8.5‑foot masonry trash enclosure within the building setback. One board member recorded opposition.
The Mobile City Board of Adjustment approved a setback variance Monday allowing a trash enclosure to sit within the building setback for a proposed c‑store and fueling station at 5399 U.S. Highway 90 West.
Jacob Franklin, the applicant, said the site is constrained by an eastern private access drive and an extensive Alabama Department of Transportation right‑of‑way to the west. He said those constraints — and existing underground storage tanks and fueling‑truck circulation needs — made the proposed location the only viable spot for the 8.5‑foot‑tall masonry trash enclosure. Franklin said the enclosure would be about 6 feet from the west property line and about 13 feet from the north property line; he also said the site sits roughly 120 feet from the US‑90 travelway, creating an existing buffer despite the setback location.
Board members questioned whether alternate locations were feasible; Franklin said the team repeatedly evaluated multiple iterations and that other corners would have blocked required access widths or conflicted with underground tanks. No written public comments were filed. A motion to approve the variance subject to findings of fact carried; Member Golden recorded a vote in opposition on the record.
The approval permits the developer to locate the masonry trash enclosure within the setback as described; staff and the applicant will proceed with final plan and permitting steps.
