Fairhope Board of Adjustment tables setback variance for 11 Greenbrier Lane, requests geotechnical study

The Fairhope Board of Adjustment voted unanimously to table a request for a 15-foot front-yard setback variance at 11 Greenbrier Lane to give the applicant time to provide a topographic survey and a geotechnical engineer's recommendation on safe building distance from a gully.

Planning staff told the board that the R-1 lot is about 0.38 acres and is subject to a 40-foot front-yard setback under the city's zoning ordinance; the applicant, Karen Rice, is seeking a 15-foot variance that would produce a 25-foot front setback. Staff noted topographical constraints — a 15-foot-wide, 15-foot-deep gully and recorded drainage easements — and recommended denying BOA26O1 because the lot is buildable without a variance, though it acknowledged exceptional site conditions.

"Staff does recommend denial of BOA 26.0111 Greenbrier Lane, request for 15 foot front yard setback variance," planning staff said during the hearing.

Rice, who identified her address as 219 Satellite Drive, said she wants a one-story house with a garage aligned with her neighbor and would "remove as few trees as possible to build the home." She told the board she had looked at multiple floor plans and that many two-story plans had ground-floor widths similar to her proposed single-story footprint.

Neighbors during public comment raised both concerns and support. Gerald Harshberger, who lives at 9 Greenbrier, warned that "you're gonna lose some trees" and said removing trees near the gully could cause erosion and enlarge the gully, potentially affecting adjacent properties. Leroy Sloan urged that any new house should "fit in, blend in with the other structures in the neighborhood." By contrast, resident David Takon said similar houses have been built along gullies in Fairhope without evident problems and voiced support for Rice's request.

Board members and staff discussed technical options and constraints. Staff said filling or substantially altering the gully would require multiple permits, a topographical survey, and likely engineering and permitting work that could be expensive and would involve other departments. Members also noted a historical precedent: a similar 15-foot front-yard variance was approved in April 2006 for 95 Blue Island Avenue in the same subdivision.

After deliberation, board member Ryan Baker moved to table the application for up to six months so Rice could provide a topographic survey that shows the top of the gully and a geotechnical report with recommendations on how far a structure should be set back from the gully. The motion was seconded, the public hearing was closed, and the board voted to table the request unanimously.

Under the city's application rules cited at the hearing (Article 2, section C of the zoning ordinance), a denied application for the same parcel cannot be refiled within 365 days of a final decision; tabling the request gives the applicant an opportunity to supply additional technical information before a final vote. The board said Rice may return earlier than six months if she completes the requested studies and noted that tabling does not guarantee the variance will be granted.