Fairhope Planning Commission tables controversial Fairhope Boarding House project after concerns about rooftop terrace, service access and traffic

The Fairhope Planning and Zoning Commission on Dec. 1 deferred action on a proposed three-story mixed-use project at the northeast corner of Fairhope Avenue and Church Street after extended scrutiny of operational, safety and traffic details.

Staff presented SR 25.08 and the related MOP (SD 25.16), saying the project as submitted raised multiple noncompliance items: a gas meter and bollards located within the required loading zone, rooftop temporary structures placed closer than the 10-foot setback required by the zoning ordinance, unclear service and delivery routes, and concerns the intensity of the combined uses could increase downtown traffic and delivery conflicts. Staff recommended denial of the site-plan review and denial of the MOP unless the issues were addressed.

“The recommendation is denial of SR 25.08 Fairhope Boarding House site plan due to a conflict with the required loading zone and gas meter, impact on the scale of the project to the surrounding neighborhood, and concerns with the increase in traffic caused by the intensity of use,” Mike Jeffries of the City of Fairhope Planning Department told commissioners.

Applicant representatives said they had been working with staff and provided new drawings the afternoon of the meeting. Ryan Baker, representing the applicant team, said they had already prepared a relocation of the gas meter and could provide revised rooftop plans showing furniture and temporary structures moved at least 10 feet from the roof edge.

“We did submit the application with tenant spaces and based our calculations on the maximum occupant load,” Baker said, adding that some design items could be finalized as part of the permit process. Traffic consultant Larry Smith told commissioners the project generated approximately 46 peak-hour PM trips under the most intense use scenarios and that this number was below the threshold requiring a full traffic study.

Opponents and supporters spoke at a public hearing that the commission opened for the MOP. Mary Kozelski, chair of the Fairhope Historic Commission, urged a historically sensitive reconstruction and asked that the site be marked with a historic plaque. Several local business owners and residents spoke in favor of the project, saying it would enliven the downtown and support restaurants and shops.

Attorney Brad Hicks, representing the applicants, argued the project's uses are allowed by right in the B2/CBD zoning and urged the commission to identify an "articulable, rational basis" for denial before refusing a by-right project. Hicks also consented to the applicant tabling the applications to give staff and the applicant time to resolve the outstanding technical details.

After discussion about how to memorialize the outstanding items, the applicant consented to table both the site-plan recommendation (SR 25.08) and the MOP (SD 25.16) to the January 2026 meeting to allow time for staff review of the revised drawings, confirmation of any utility clearances and clarification of storage and rooftop procedures. Commissioners then voted to table both matters with the applicant's agreement.

The Planning Commission emphasized that the tabling was intended to allow the applicant to provide revised, department-reviewed plans and for staff and the applicant to agree on an objective list of items to be resolved before the case appears at City Council.

The applicant has said they will meet with staff and the historic commission, finalize the gas-meter location with Fairhope Public Utilities, and provide renewed detail on rooftop furniture, loading-zone access and storage arrangements before the January 2026 meeting.

The commission's decision to table does not represent a final determination by City Council; the Planning Commission will return a recommendation after receiving the revised materials.