Board grants sidewalk and side-yard variances for small corner lot on Old Shell Road
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Summary
The board approved a variance to side-yard setbacks and waived a required connecting sidewalk at 2712 Old Shell Road after staff and applicants explained ADA slope constraints related to a raised finished floor. Applicant cited rear parking ADA access and minimal customer foot traffic on the Old Shell frontage.
The Mobile Board of Adjustment approved a side-yard setback variance and a waiver of a required pedestrian connection to public sidewalk for a small corner lot at 2712 Old Shell Road.
Jay Watkins of Maynard Nexon, representing the property owner, told the board that on-site as-built elevations required the building’s finished floor to be raised about 6 inches and that building a direct connecting sidewalk to the public right-of-way would not meet ADA slope requirements. "By doing that, that makes a connecting sidewalk from either Old Shell Road or Randolph Street, they can't make a direct path because of the rise to run that'd be required for ADA compliance," Watkins said. He added that the property provides ADA-compliant parking and an accessible entrance from the parking lot.
Staff described the Unified Development Code (UDC) requirement for a pedestrian connection from the public sidewalk to the primary entrance and confirmed that any waiver must still meet federal accessibility standards. The board concluded the site’s physical constraints and the presence of an accessible route through the parking lot justified the requested variance and moved to approve the request per findings of fact.
The applicant was advised that a future developer-driven plan or an alternative design that overcame slope limitations could prompt a different requirement; for now, the board's approval allows issuance of the certificate of occupancy contingent on compliance with the approved site plan.