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Planners deny variance for County Road 19 RV park, staff points to right‑of‑way alternative
Summary
Planning staff recommended denying a variance that would let a 50‑foot access flag serve an RV park because the applicant could instead donate the flag as right‑of‑way and construct a platted road to county standards; the commission voted to deny the variance.
The Baldwin County Planning Commission voted July 9 to deny a variance (SV2610) that would have allowed a 50‑foot access flag — created before current rules set a 60‑foot minimum — to serve a proposed RV park on County Road 19.
Staff explained the property’s access strip was recorded under an earlier standard and that while the 50‑foot corridor currently exists, state and county subdivision rules mean an intensified use such as an RV park would require brought‑into‑conformity access. Planning staff recommended denial because the applicant could instead dedicate the flag as a public right‑of‑way, build the road to county standards and then proceed under a PUD or subdivision plat. "Because there is an option to convert the flag to right‑of‑way, staff is recommending denial of this variance request," the staff presenter said.
Supporters of the proposed RV park urged flexibility. Kim Kelly, who said she represents the seller and potential buyer, characterized the proposal as a low‑density RV park with controlled access and low traffic volumes and asked the commission to grant a reasonable variance. "If a 50‑foot corridor can be safely functioned and function as a public county road, it's difficult to understand why the same corridor would be considered inadequate for privately owned driveway serving limited access to the RV park," Kelly said.
Commissioners focused on the legal standard for variances, the availability of a feasible alternative (platting the road as right‑of‑way and improving it to county standards) and the county code’s bar on increasing existing nonconformity. The commission voted to deny the variance; staff noted that denial preserves the property’s current ability to host up to two single‑family dwellings but prevents intensification unless the access is brought into conformity.
Next steps: The applicant can either (a) pursue a PUD or plat that includes a deeded right‑of‑way improved to county standards, or (b) proceed with allowed single‑family uses without intensification.
