Fairhope Board of Adjustment approves front-setback variance to preserve four heritage trees

The Fairhope City Board of Adjustment voted unanimously to approve a front-setback variance for property owned by Jason Lasource, allowing a proposed house in an R-2 zone to be sited 20 feet from the front property line rather than the usual 35 feet. The board's action was taken at a public hearing on BOA24.11 and was conditioned on a tree protection plan prepared by a licensed arborist and the recording of the March 28, 2025 site plan as Exhibit B.

The variance matter drew from prior hearings and revised plans. Planning staff told the board the application originally included multiple variance requests but was reduced to a single request for a 15-foot front-setback variance so the house would sit 20 feet from the property line; staff said the change preserves four heritage trees on the lot, including the root system of an 80-plus-year-old live oak, a magnolia and a poplar. Staff recommended approval of the front-setback variance and supported an administrative 5-foot side-setback adjustment to protect the poplar tree on the west side, and recommended that the March 28, 2025 site plan be recorded with the probate judge and that any substantial deviation require further Board review.

Board discussion focused on protecting the trees while preserving required site elements. A board member raised a concern that a center porch shown on the current drawings might extend past the 20-foot line and asked whether there would still be room for the required 3-foot landscape area and a 10-foot driveway. Planning staff responded that the 3-foot landscape requirement remains mandatory, and that permitting review would address detailed dimensional adjustments; staff also said minor tweaks during permitting that remain within the approved setbacks would not constitute a substantial deviation, but that larger changes — such as removing trees to add a pool or pool house — would require another Board review.

Applicant Jason Lasource spoke briefly to say he had no additional questions and that he believed the revised plans addressed prior concerns. No members of the public spoke for or against the request and no written letters in favor were noted; staff reported a letter in opposition was on file. A board member moved to approve the variance with staff recommendations, including the recording of the March 28, 2025 site plan and the tree-protection requirement; the motion passed unanimously by roll call.

The approval also reflected that the accessory-structure variance previously sought was withdrawn after the applicant revised plans to attach the garage to the principal structure. Staff noted the tree protection plan must be approved as part of land disturbance and building-permit applications and that the variance authorization would be null if the proposed house is not built within the time frame established by the Board or if the house is later demolished and a different plan applied.

The Board of Adjustment scheduled its next meeting for May 19.