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Foley board denies variance for structure at 500 W. Rose Ave, gives 60 days to comply
Summary
The Foley City Board of Adjustment & Appeals on Dec. 8 denied a variance request for a structure at 500 W. Rose Ave, citing setback and permitting concerns, and gave the absent applicant 60 days to bring the structure into compliance in a 4-0 vote.
The Foley City Board of Adjustment & Appeals voted unanimously Dec. 8 to deny a variance request for a structure at 500 W. Rose Ave and gave the absent applicant 60 days to comply with setback and permitting requirements.
Board member Steve Bailey said the structure was located too close to the house and noted no building permits had been obtained, citing fire-safety concerns as the basis for his recommendation to deny the variance. Bailey moved to deny the variance; the motion was seconded and subsequently amended to grant the applicant a 60-day period to come into compliance. A roll-call vote recorded Tyler Higginbotham, Luanne McCarley, Keith Jiskra and Steve Bailey as voting aye.
The request referenced Article 8.1.2 A of the city code, which requires accessory structures to be at least 5 feet from all lot lines and 10 feet from other structures on the same lot. The applicant, Darryl Ruth, did not appear at the hearing.
The board's action is a formal denial of the requested variance, but it allows a fixed period for compliance rather than imposing an immediate enforcement penalty. The board did not record any alternative mitigation or conditional approval; the decision was framed as denial coupled with a compliance window.
The board took the motion as its definitive action on the matter. No appeal timetable or enforcement steps were specified in the minutes.
