A proposal to waive a 30-foot right-of-way dedication and modify setback requirements for The Cottages at Spring Hill subdivision (5070 Old Shell Road) failed during deliberation of the City of Mobile Planning Commission on Dec. 18.

Jonathan Petty of Access Engineering Group told the commission the dedications and a 25-foot frontage-setback condition compressed the buildable area and requested the commission consider waiving condition 2 (30-foot dedication) and condition 5 (setback). Staff clarified that the planning commission could consider striking certain listed conditions but that a setback change from 25 feet to 5 feet could require Board of Adjustment variance action.

Commissioners focused on stormwater and geotechnical concerns for the small-lot proposal and asked whether borings had been completed to justify an infiltration-based drainage approach. Staff said borings had been completed and would be reviewed with any forthcoming land-disturbance permit; the applicant said the plan relied on infiltration swales with amended soils and rock to handle a 100-year storm rate but did not provide a date for the borings. A commissioner cautioned that local clay strata can prevent infiltration and that approving a subdivision before final geotechnical proof could create problems later.

During deliberation, a motion to approve the application subject to staff recommendations while waiving the dedications was moved and seconded but failed; the meeting recorded the tally as four in favor and three opposed. A commissioner reminded the panel that bylaws require six affirmative votes to pass certain motions, so the motion did not carry. Staff noted the application had already been held over twice and advised the applicant that a new application would be required to return this request to the commission.

What remains outstanding: The applicant may re-file with revised materials addressing the commission’s engineering and setback concerns; the land-disturbance permit process must verify that infiltration systems are technically viable before construction can proceed.

Quoted in hearing: "We're hoping to get 5 feet all the way around the property" (Jonathan Petty, applicant representative).