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Commission denies variance, approves Parker Acres resubdivision with flag‑lot condition
Summary
Commission denied a variance to allow access via an existing private easement and approved a resubdivision of Lot 12 of Parker Acres only if the applicant revises the plat to add a flag lot connecting to Old Gainey Road.
The Planning and Zoning Commission on Jan. 9 denied a variance request (SV 24‑19) that would have allowed creation of Lot 12A of Parker Acres without a flag lot and with access solely via a private easement on Deserted Lane. After denying the variance, the commission approved the resubdivision (SC 24‑58) on condition that the preliminary plat be revised to show a parallel flag‑lot corridor providing individual lot access to Old Gainey Road.
Why this matters: denial of the variance reflects the commission’s application of the Baldwin County subdivision regulations, which generally require lots to front on a county‑maintained road. Staff recommended denial of the variance due to noncompliance with subdivision rules but recommended approval of the resubdivision if the plat is revised to show a flag access to the county road.
Staff’s presentation explained that Deserted Lane exists as an internal access easement created under the original 20‑acre Parker Acres subdivision; residents said they paid to construct and maintain Deserted Lane and opposed new lots using it. Staff also noted potential wetlands in the rear of the parcel and said wetland delineation would affect whether back portions are buildable without a wetland crossing.
Commissioners voted to deny SV 24‑19. The resubdivision SC 24‑58 was then approved with staff conditions requiring the revised flag‑lot access be shown on the preliminary plat; staff said the permit engineer reserves the right to require a commercial turnout permit for the common driveway connection to Old Gainey Road. If the applicant records an alternate configuration that retains the private‑easement access and obtains separate approvals later, staff said the county would still require compliance with subdivision rules or a successful variance application.
The denial of the variance starts the clock on waiting periods in the county’s subdivision procedures if the applicant chooses to return with a new variance application.
