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Board approves structure-separation variance but denies narrow side-yard request at 304 Liberty Street
Summary
The Fairhope Board of Adjustment approved a 5-foot-11-inch structure separation variance for a garage at 304 Liberty Street and denied a requested 1-foot-11-inch side-yard setback variance after staff identified a foundation survey showing compliance with the side setback.
The Fairhope Board of Adjustment on Oct. 20 approved a variance reducing the required separation between a house and an accessory structure at 304 Liberty Street to 5 feet 11 inches, and denied a separate request to reduce a side-yard setback to 1 foot 11 inches.
Planning staff framed the application (BOA 25.13) as a request driven by an irregular lot and historic lot lines dating to an early Fairhope plat. Staff told the board that tax records indicate the house dates to 1986 and that building permits and records for older activity were incomplete. A foundation survey performed during building inspections revealed that the accessory structure met the five-foot side setback, so staff recommended denial of the 1-foot-11-inch side-yard request but recommended approval of the 5-foot-11-inch structural-separation variance with the condition that a replat removing a historic lot line be approved and recorded in Baldwin County probate before permits are issued.
Several members of the public spoke. Carolyn Booth said she opposes variances generally, describing long experience with irregular lots and noting she had been denied small variances in the past. Donald DeGutts said he supported the applicant and asked about the purpose of a 10-foot separation between a house and accessory structures; staff replied that fire-safety and evolving historical standards are reasons for the separation requirement.
Applicant Patrick Seals, who lives at 304 Liberty Street, told the board he and his wife had bought and renovated the small house and were seeking to add a garage consistent with the home’s appearance. "We're just trying to add on to it... we've done a lot of work to try to mirror what we're doing with this carport to match the house," Seals said.
After deliberation the board moved to approve the 5-foot-11-inch separation variance with staff conditions and to deny the 1-foot-11-inch side-yard setback variance. A roll-call vote carried both actions unanimously.
