Foley board denies George Smith’s request for 3-foot setback at 8761 Primland Blvd.

The City of Foley Board of Adjustment & Appeals on Jan. 12 denied a variance request from applicant George Smith that would have allowed a lean-to to sit 3 feet from the side property line at 8761 Primland Blvd.

George Smith, the applicant, told the board he attached the lean-to to an existing shed and had relied on Baldwin County rules in error. “I mistakenly went by the Baldwin County regulations,” Smith said, adding that the proposed side is the flattest part of his yard and would allow him to store his 8-foot-wide trailer. He said a neighbor emailed the board in support of the proposed location and that the lean-to framing is already in place.

Chairman Keith Jiskra and board members pressed Smith on alternatives. Board member Gary Hellmich said the opposite side of the shed could be leveled so an accessory structure would meet the City of Foley’s 5-foot setback requirement in Article 8.1.2 A. Smith said moving the lean-to would require deconstructing work already done and would reduce usable yard space. Steve Bailey noted the board has denied similar variance requests in the past.

After discussion, Gary Hellmich moved to deny the requested variance; Luanne McCarley seconded. The roll-call vote was unanimous: Hellmich, Knight, McCarley, Jiskra and Bailey voted to deny the variance. The motion to deny the requested variance passed, and the variance was not granted.

The board recorded the action as a denial of the variance request tied to the City standard that accessory structures be set back at least 5 feet from lot lines. The meeting adjourned at 5:40 p.m.

What happens next: The decision is final per the board’s minutes for this meeting; the applicant may pursue any administrative appeals or revise the structure location to meet the 5-foot setback, but no further action was recorded at the Jan. 12 meeting.