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Mobile City Board of Adjustment holds 316 Dolphin Street for 30 days, approves multiple variances and an extension

Mobile City Board of Adjustment · April 7, 2026

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Summary

At its April 6 meeting the Mobile City Board of Adjustment held the Dolphin Street application for 30 days amid a pending court appeal and approved several variances and a six-month extension for a rear-yard setback, with motions carried on each item.

The Mobile City Board of Adjustment met April 6, 2026, and moved to hold application 66446700 for 316 Dolphin Street for 30 days because the matter is the subject of an ongoing circuit-court appeal and settlement discussions. "We need to hold that over, due to the appeal that's in circuit court," a representative told the board, which voted to hold the item.

The board then considered a series of separate variance requests and an extension. Shannon Kenny, owner of 706 Monroe Street, asked the board for a six-month extension on a rear-yard setback variance approved in October 2025, citing contractor delays. "My rear yard setback variance ... was set for 6 months. I'm asking for an extension of the deadline to get the permitting for the variance due to an unexpected contractor proposal delay," Kenny told the board. Staff confirmed that planning and zoning requirements were satisfied; a motion to grant a six-month extension carried.

The board approved a new variance application for 7290 House Ferry Road after the applicant, Austin Whitner, said his prior approval had lapsed and he had recently received engineering plans. Whitner asked for time to secure permits and said he expected to be ready within one to two months. The board approved the application "subject to findings of fact a, b, and c."

A request tied to 67434411 Government Boulevard to allow a nonresidential buffer where the site abuts a single-family lot also passed. Paul Davis and Mark Burnett, representing the property and its manager/operator, said the building is complete and that the surrounding land use is expected to be commercial. Burnett told the board he preferred to avoid a privacy fence that would reduce visibility and could draw people into the adjacent woods: "If I put a privacy fence up, I really don't want them in those woods right there along that privacy fence," he said. The motion to approve passed with the recusal arrangements noted for a board member with an adjacent interest.

At 231 South McGregor Avenue, new owner Samuel Saint John said he tore down an existing fence and submitted a revised site plan showing the fence in the historical location about 23 feet from the back of curb after the roadway was widened to a 60-foot right-of-way. Staff confirmed the revised plan and the board approved the setback variance subject to findings of fact.

The board also approved a request for reduced side-yard setbacks and a zero-foot alley setback for a vacant lot at 2308 Ashland Police Avenue. Matt Wheeler said the property’s prior variance had lapsed after a December deadline and that the proposed design matched what the board approved previously; the motion to approve carried.

Votes at a glance: application 66446700 (316 Dolphin Street) — held 30 days; extension granted for 706 Monroe Street — six-month extension approved; application 67426640 (7290 House Ferry Road) — new variance approved subject to findings; application 67434411 (Government Boulevard) — buffer variance approved; application 6745 (231 South McGregor Avenue) — fence setback variance approved; application 67466673 (2308 Ashland Police Avenue) — setback reductions approved. Where the transcript records only vocal 'aye' responses, the board recorded the motions as carried without roll-call tallies provided in the hearing record.

The board concluded the public hearings for the listed items and moved on to other business and a legal update before adjourning.