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At a glance: Board actions July 20 — variance approved; administrative appeal split ruling
Summary
The Board approved a front-yard setback variance for a Wisteria Street lot with a required recorded drainage easement, and in a separate administrative appeal found a staff error on accessory-structure coverage but upheld staff’s finding that a tree-house encroaches a platted utility easement.
The Fairhope Board of Adjustment took two formal actions at its July 20 meeting:
1) BOA-26-07 (Wisteria Street): Approved a 15-foot front-yard setback variance for Lot 76 (Fairfield Heights) subject to conditions including a recorded 25-foot nonexclusive drainage easement that forbids structures, fill, piping or other disturbances and must be recorded in Baldwin County probate within 365 days. Staff will finalize easement language with the city engineer.
2) BOA-26-08 (13 Echo Lane): On an administrative appeal regarding a permitted tree-house, the board concluded staff had erred in applying the 25% accessory-structure coverage calculation but did not err in finding the structure encroaches on a platted 15-foot utility easement and violates required setbacks. The board passed the two-part motion unanimously and directed applicants to pursue relocation, a variance, or vacating the easement with utility providers as appropriate.
Both actions were unanimous. The planning department will follow up on recording and next-step guidance.
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