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Fairhope BOA approves setback variances for 863 Creek Drive with wetland and recording conditions
Summary
The Fairhope Board of Adjustment on Nov. 17 approved setback variances for 863 Creek Drive, subject to recording the variances, obtaining wetland permits for any buffer disturbance, and issuing development permits within 365 days of approval.
The Fairhope Board of Adjustment on Nov. 17 approved variances allowing a reduced front- and rear-yard setback at 863 Creek Drive, contingent on conditions including recording the approved variances and compliance with wetland permitting.
City staff told the board the property has a complicated history: the lot previously received a BOA approval in 2014 that was never recorded and a later 2022 approval that required development within 365 days but was not acted on. Staff said jurisdictional wetlands and a 20-foot wetland buffer are present on the site and that an existing gravel driveway lies inside that buffer. Staff recommended approval only with conditions: recording the variances with the Baldwin County probate court as soon as practicable if granted, issuance of the associated development permits within 365 days of variance approval, and that any disturbance in the wetland buffer obtain and comply with a wetland permit handled by the building department. Staff also noted on-site RV storage must comply with article 3 d 7 of the zoning ordinance.
During Q&A, staff clarified that paved roadways can be an allowable use in wetland buffers but that any buffer disturbance must be minimized and stabilized as soon as practicable, and that wetland-related permits go through the building department. The applicant’s representative stated they do not plan to use the old gravel driveway and intend to landscape rather than connect to it. The board opened the public portion of the meeting; no members of the public spoke on this item.
A board member moved to approve the variances with the staff-recommended conditions; the motion was seconded and passed on a roll call vote with the board voting in favor. The conditions require recording the variances, obtaining development permits within 365 days of approval, and securing any applicable wetland permits before disturbing the buffer.
The approval re-establishes relief previously granted but not acted upon; the conditions are intended to ensure the city’s wetland and zoning safeguards apply to future site work.
