[00:00:11]
          WELCOME TO THE SEPTEMBER 28TH, 2026. EXCUSE ME. MEETING OF THE JEFFERSON COUNTY BOARD OF ZONING ADJUSTMENT. THE BOARD OF ZONING ADJUSTMENT IS A FIVE MEMBER BOARD. THREE AFFIRMATIVE VOTES ARE REQUIRED TO APPROVE A REQUEST FOR VARIANCE OR OTHER APPEAL. FOR ANYONE ADDRESSING THE BOARD TODAY. PLEASE GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND THEN TELL US WHAT YOUR HARDSHIP IS, OR WHAT YOUR OBJECTION TO THIS REQUEST MAY BE. YOU WILL BE GIVEN OUR DECISION TODAY VERBALLY, AND YOU WILL RECEIVE OUR DECISION IN WRITING WITHIN TEN DAYS. 
          ZONING APPROVALS CAN BE ISSUED IMMEDIATELY FOLLOWING THE HEARING IN OUR OFFICE AT ROOM B 200. HOWEVER, YOU WILL FIRST BE REQUIRED TO OBTAIN A PERMIT FROM THE JEFFERSON COUNTY DEPARTMENT OF HEALTH. IF YOUR APPLICATION INVOLVES CONNECTION TO A SEPTIC TANK OR THE JEFFERSON COUNTY ENVIRONMENTAL SERVICES DEPARTMENT. IF YOUR APPLICATION INVOLVES CONNECTION TO A SANITARY SEWER, ANYONE DISAGREEING WITH THE BOARD'S DECISION TODAY HAS 15 DAYS IN WHICH TO FILE AN APPEAL IN CIRCUIT COURT. ALSO, WE ASK THAT YOU SILENCE ANY ELECTRONIC DEVICES DURING THIS HEARING. OUR FIRST CASE IS CASE NUMBER A 260007 PROPERTY OWNER SAM 
          [A-26-0007 Sam Parsons, owner; Stephen Blankenship, McGehee Engineering Corp, agent; request variances from the terms of the Zoning Resolution to allow the permitting of two (2) ventilation stations for safety purposes in conjunction with underground mining activities; one such station being located 50 feet from an adjoining property line, the other to be located 20 feet  from road right of way (Lock 17 Road) in lieu of the required 150 feet for a period not to exceed 10 years. Property zoned A-1 (Agriculture). PID# Part of 3200290000002000 in Sec 29 / Twp 18 / 6W. Acreage. (Site address 10025 Lock 17 Road, Adger, 35006)(1.0+/- (area to be disturbed by proposed facilities)]
PARSONS. WOULD STAFF PLEASE PRESENT THE CASE? YES, MA'AM. THIS IS A CASE A 26007. THE VARIANCE FROM THE TERMS OF THE ZONING RESOLUTION TO ALLOW PERMITTING OF TWO VENTILATION STATIONS FOR SAFETY PURPOSES, IN CONJUNCTION WITH UNDERGROUND MINING. ONE SUCH STATION BEING LOCATED 50FT FROM AN ADJOINING PROPERTY LINE. THE OTHER LOW LOADER TO BE LOCATED 20FT FROM THE ROAD RIGHT AWAY, WHICH IS LIKE 17 ROW IN LIEU OF THE REQUIRED 100FT FOR A PERIOD NOT TO EXCEED TEN YEARS. IT'S MAINLY A VARIANCE FOR THE PROPERTY LINES AND THE ROAD RIGHT OF WAY. EXISTING ZONING IS A ONE. THERE IS A LARGE TRACT CONTAINING A RESIDENCE AND ACCESSORY STRUCTURES. IT'S ABOUT 43 PLUS OR MINUS ACRES. THE AREA COUNTIES DESIGNATED AS AGRICULTURE AND RURAL AND COMPREHENSIVE. IN THE COMPREHENSIVE PLAN, WHICH ALLOWS FOR CONSIDERATION FOR MINING ACTIVITIES. THE LAND USE PLAN ACKNOWLEDGES THAT MINERAL EXTRACTION ACTIVITIES DEPEND ON THE LOCATION OF THE RESOURCES, BUT REQUIRE THAT SUCH ACTIVITIES PERMITTED SHOULD ALWAYS SEEK TO MINIMIZE ADVERSE IMPACTS TO EXISTING RESIDENTS AND MINIMIZE THE ENVIRONMENTAL EFFECTS. THERE IS NO HARDSHIP RELATED TO THE LAND. RATHER, THE HARDSHIP IN THIS CASE RELATES TO THE UNDERGROUND MINING OPERATION AND LIMITED POSSIBILITIES WHERE THESE ANCILLARY SUPPORT SYSTEMS COULD BE PLACED ON THE SURFACE. THE SITE PLAN SHOWS THREE SITES, AS YOU CAN SEE UP THERE, THREE THREE SITES WHERE THESE VENTILATION SHAFTS WILL BE LOCATED, ONE WHICH CAN BE PERMITTED WITHOUT A VARIANCE. 
          THE OTHER TWO LOCATIONS ONE ON THE NORTH SIDE OF LOCK 17 ROAD, THE OTHER ON THE SOUTH SIDE OF THE ROAD AS SHOWN. DO NOT SATISFY THE 150 FOOT SETBACKS. THE SITE ON THE NORTH SIDE OF THE ROAD IS LOCATED OVER 50FT FROM THE PROPERTY LINE. SHARE AT LARGE DISTANCE. THERE'S NO ADVERSE EFFECTS TO THIS SHAFT BEING HERE. LIKE I SAY, THERE'LL BE A TEN YEAR MAXIMUM USE OF THESE VENTILATION SHAFTS. I THINK TYPICALLY, AS THEY MOVE PAST OR DON'T NEED THE SHAFTS, THEY WILL KIND OF SHUT THEM DOWN, RECLAIM IT, WHATEVER IS MANDATED FOR THEM TO DO. 
          THEREFORE, STAFF RECOMMENDS APPROVAL OF CASE A 26007. THANK YOU. DOES ANY MEMBER OF THE BOARD HAVE QUESTIONS FOR THE STAFF OR THE APPLICANT REGARDING THIS CASE? NO, NO. 
          OKAY. AT THIS TIME, WE'D LIKE TO OPEN A PUBLIC HEARING REGARDING THIS ITEM. IS THERE ANYONE HERE WHO WISHES TO SPEAK IN OPPOSITION OR SUPPORT TO THIS REQUEST? IF SO, PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS. OKAY. IF THERE'S NOT, THEN ANY OPPOSITION AND IF THE BOARD DOES NOT HAVE ANY QUESTIONS, THE THE PUBLIC HEARING IS NOW CLOSED. MAY I HAVE A MOTION FROM THE BOARD? MADAM CHAIR, I MAKE A MOTION TO APPROVE CASE A 
          [00:05:03]
DASH 26-0007. I SECOND THE MOTION. THANK YOU. ALL IN FAVOR? AYE. ANY OPPOSED? OKAY, THEN. 
          THE VARIANCE HAS BEEN GRANTED. OKAY. WE'LL GO NEXT TO CASE NUMBER A 260010. PROPERTY OWNER JEREMY WRIGHT WOULD STAFF PLEASE PRESENT THIS CASE. YEAH. OH. DID I GO TO THE. YES, MA'AM. 
          I SKIPPED DIDN'T I? YES, MA'AM. YEAH. ME THINKING I WAS WRONG. SORRY. YOU KNOW WHAT. MY LITTLE FOLDER DOESN'T HAVE IT. IT GOES FROM 7 TO 10. MAY I BORROW ONE OF THE OTHER? ANYWAY, WE ARE 
          [A-26-0008 Overton Investments, LLC, owner; Charles Kessler, agent request a variance from the terms of the zoning resolution to allow construction of a residence to be 13 feet from the rear property line in lieu of the 15 feet allowed by previous variance (A-20-0028). Property zoned R-G (Single Family). PID# 2800323002044006 in sec 32 / Twp 18 / Range 2W. Lot 10 / Final Plat of Woodruff Cottages. (Site address 1100 Nina’s Way, Birmingham, 35243)(0.10+/-)]
GOING TO. A THANK YOU. 008. YES, MA'AM. THANK YOU. YES, MA'AM. OKAY. YOU READY? PLEASE PRESENT IT. ALL RIGHT. THIS IS CASE A 25008. THE APPLICANT IS CHARLES KESLER, OLD TOWN INVESTMENTS LLC. THE PROPERTY ADDRESS IS 1100 NINA'S WAY, BIRMINGHAM, 35243. THIS A VARIANCE FOR THE TERMS OF THE ZONING RESOLUTION TO ALLOW CONSTRUCTION OF A RESIDENCE TO BE LOCATED 13FT FROM THE REAR PROPERTY LINE IN LIEU OF THE REQUIRED 15FT ALLOWED BY THE PREVIOUS RESIDENCE ASSISTANT. EXISTING ZONING IS RG. THE PROPERTY AT THIS TIME THIS PARCEL IS VACANT. 
          UNDEVELOPED. IT HAS BEEN CLEARED BUT THERE'S NO CONSTRUCTION ON IT. AS YOU CAN SEE FROM OUR AREA, THE PROPERTY WAS ZONED OUR FROM OUR G TO E 2 IN 2018. THEN. IT WAS ALSO ZONED RG FOR A SINGLE FAMILY SUBDIVISION. CASE 20028 VARIANCE WERE GRANTED TO ALLOW CONSTRUCTION OF GARDEN HOMES ALONG THE NORTHERN BOUNDARY OF THE DEVELOPMENT TO BE LOCATED 15FT FROM THE BOUNDARY OF THE DEVELOPMENT AND THE REAR NORTH PROPERTY LINE IN LIEU OF THE REQUIRED 25FT. THAT'S ON THIS NORTHERN PARCEL RIGHT THERE. AS YOU CAN SEE, THE REAR SETBACK WOULD BE MORE ADVANTAGEOUS THAN THE APPLICANT REALLY WANTED A FRONT SETBACK, BUT STAFF RECOMMENDED A 15 VARIANCE TO THE 15 FOOT REAR SETBACK. YOU CAN SEE IT SITS UP TO ASSISTED LIVING HOME WITH A BUFFER ON IT. AND IT'S NEXT TO A HAMMERHEAD TURNAROUND INTERSECTION. 
          THERE'S NO LAND RELATED HARDSHIPS IN THIS INSTANCE. RATHER, THE ISSUE IS UNIQUE TO THE LOCATION AND CONFIGURATION OF THE LOT, AND THE REQUEST IN THIS CASE IS MOUNTED BEING ONLY TWO FEET MORE THAN THE 15FT GRANTED BY PREVIOUS VARIANCE. A 20028. THEREFORE, STAFF RECOMMENDS APPROVAL OF A 26008. OKAY. THANK YOU. DOES ANY MEMBER OF THE BOARD HAVE QUESTIONS FOR THE STAFF ON THIS ONE OR THE APPLICANT REGARDING THE CASE? I HAVE A QUESTION, MADAM CHAIR. ON THE COVER SHEET OF THE DOCUMENTS FOR THIS CASE, I HAVE A DASH 25-0008. THAT'S A TYPO. IT SHOULD BE TWO SIX. YEAH. OKAY, TWO FIVE AS WELL. OKAY. JUST FOR CLARIFICATION. 
          THANK YOU. YEAH. THANK YOU. ANY OTHER DOES ANY OTHER BOARD MEMBERS HAVE A QUESTION FOR THE STAFF OR APPLICANT. NO. OKAY. IF NOT, THEN AT THIS TIME WE'D LIKE TO OPEN A PUBLIC HEARING REGARDING THIS ITEM. IS THERE ANYONE HERE WHO WISHES TO SPEAK IN OPPOSITION OR SUPPORT TO THIS ITEM? OKAY. SILENCE AGAIN. OKAY. IF NOT, AND IF THERE AREN'T ANY OTHER QUESTIONS FROM THE BOARD, THEN THIS PUBLIC HEARING IS NOW CLOSED. MAY I HAVE A MOTION FROM THE BOARD? MAYOR, MAYOR. SORRY. WELL, HELLO. I'M THE NEW MAYOR. MADAM CHAIR, I RECOMMEND APPROVAL FOR CASE A DASH 26-008. I SECOND THE MOTION. ALL IN FAVOR? AYE. ANY OPPOSED? OKAY, THEN. THIS 
          [A-26-0009 Overton Investments, LLC, owner; Charles Kessler, agent; request a variance from the terms of the zoning resolution to allow construction of a residence to be 20 feet from the rear property line in lieu of the required in lieu of the required 25 feet. Property zoned R-G (Single Family). PID# 2800323002044001 in sec 32 / Twp 18 / Range 2W. Lot 11 / Final Plat of Woodruff Cottages. (Site address 1101 Nina’s Way, Birmingham, 35243)(0.10+/-)]
HAS BEEN GRANTED ALSO. NOW I'M LOOKING AT MY BOOK HERE FOR THE NEXT ONE. INSTEAD OF JUMPING 25S WELL. CASE A 269. CHARLES KESSLER AGAIN, OVERTON INVESTMENTS, PLEASE PRESENT THE CASE. YES, MA'AM. THIS IS ALMOST A MIRROR OF THE LAST CASE, 007. IT'S A PARCEL OF 
          [00:10:06]
LAND ON THE SOUTHERN ON THE SOUTHERN. THIS LAST CASE WAS HERE, AND THIS CASE IS ON THE SOUTHERN SIDE OF THE PROPOSED ROAD. AGAIN, IT'S A VARIANCE FOR THE TERM OF THE ZONING RESOLUTION TO ALLOW CONSTRUCTION OF A RESIDENCE TO BE LOCATED 20FT FROM THE REAR PROPERTY LINE, IN LIEU OF THE REQUIRED 25FT. I WON'T BOTHER TO YOU GUYS WITH THE SAME DETAILS, BUT IT'S JUST ON THE OPPOSITE SIDE OF THE ROAD. AGAIN, THERE ARE NO HARDSHIPS, BUT IT IT WON'T CHANGE THE ADVERSE EFFECTS OF THE FRONT AND STAFF CAME TO CONCLUSION THAT A REAL SETBACK WOULD BE MORE ADVANTAGEOUS THAN A FRONT SETBACK FOR ESTHETIC LOOKS IN THAT NEIGHBORHOOD. THAT BEING SAID, STAFF RECOMMENDS CASE APPROVAL OF CASE A 26009. THE CAVEAT TO THAT, AGAIN, WE HAD THAT SAME TYPO IN OUR CASE REPORT. IT READS A 25009, AND IT SHOULD READ A 26009. THAT BEING SAID, STAFF RECOMMENDS APPROVAL FOR THIS CASE. THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF OR APPLICANT ON THIS ONE? NO. OKAY. 
          IS ANYONE HERE IN THIS PUBLIC HEARING THAT WOULD LIKE TO SPEAK IN OPPOSITION OR SUPPORT TO THIS REQUEST? IF SO, PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS. HEY, I'M JIMMY HARRISON, AND MY ADDRESS IS 1551 CREEK STONE CIRCLE. AND I CAN WALK UP THERE. MY. IF YOU CAN PUSH THAT TOP RIGHT THERE, THAT RED. THAT IS MY HOUSE. AND OUR BEDROOM IS RIGHT THERE WHERE THAT HOUSE WAS BUILT, ABOUT TO BE BUILT. A COUPLE OF COUPLE OF THINGS. WHAT IS THE ADDRESS OF THIS LOT? BECAUSE WE LOOKED ON ALL OF THE MAPS AND THERE WAS, WE GOT THE LETTER, BUT THERE WAS NO LAYOUT OF THE STREET OR THERE'S NO ADDRESSES. AND SO WHAT WE'RE SHOWING WHAT ALL THE MAPS SHOW. 1101 IS NOT THAT. SO I JUST WANTED CLARIFICATION WHAT THE ADDRESS IS. FIRST, I THINK IT'S EASTERN VALLEY ROAD. MCAULIFFE. IT WOULD BE EITHER 16657 IF THERE'S NO ADDRESS. SEE, WE GOT RIGHT HERE, SAME AS WHAT HE'S SAYING. HE'S SAYING IT'S NOT THERE. WE GOT A TYPO IN HERE. I GOT SOMETHING TOTALLY DIFFERENT. 1101. IS A LITTLE, YOU KNOW, DISHEARTENING TO GET THIS IN THE MAIL AND NOT BE ABLE TO FIND THE ADDRESS OR LOT LINE. 
          SO THIS WAS PROCESS OF ELIMINATION. MY WIFE AND I FINDING THIS OUT A COUPLE OF POINTS I WANTED TO MAKE. I DON'T REMEMBER THE EXACT TIME FRAME THIS PROJECT STARTED, BUT IT HAD. WE HAVE NOTES FROM MID 2022, BUT I THINK IT WAS PROBABLY WELL BEFORE THAT. SO THIS STREET AND PROJECT HAS BEEN GOING ON A LONG TIME THAT WE'VE BEEN LISTENING TO CONSTRUCTION, AND THERE HAVE BEEN A NUMBER OF THINGS THAT WE HAVE NOT BEEN HAPPY WITH. 
          NUMBER ONE, WHEN THEY FIRST CAME IN AND CLEARED THE LAND, THEY CLEARED TREES OUT THAT WERE NOT PART OF THEIR ORIGINAL PROPERTY THAT WERE ON OUR PROPERTY RIGHT OUTSIDE OUR BEDROOM WINDOW. THAT WAS PRETTY FRUSTRATING. IT'S NOT A DIRECTLY AFFECT THIS, BUT WE'VE LISTENED TO CONSTRUCTION FOR A LONG, LONG TIME AND WE'VE GOT TONS OF TEXT OF, HEY, IT'S NOT 7:00 YET, PLEASE, YOU KNOW, WAIT TILL AFTER 7:00 TO START THE CONSTRUCTION. YOU KNOW, WE GAVE A VARIANCE ON OUR CUL DE SAC TO TIE INTO THE SEWER LINE. AND THERE WERE A LOT OF AND THIS WAS EARLY ON AND THAT IS WAS LIKE, OH. I'M SORRY. IT'S OKAY. THE TOP ONE. YES, SIR. SO THAT OUR SEWER LINE, THEY TIED IN THERE AND THEY HAD TO TAKE THE FENCE DOWN. AND, YOU KNOW, IT TOOK US FOREVER TO GET OUR FENCE PUT BACK UP TO GET THE STREET AND THE, THE GRASS PAVED. 
          WE WERE TOLD THAT SOME MORE TREES WERE GOING TO BE PLANTED THAT WERE NOT DONE. AND ON THIS SHEET, IT SAYS THAT, I THINK YOU COMMENTED THAT ON THE OTHER SIDE, THERE WAS A TWO FOOT VARIANCE ON THE SHEET THAT I RECEIVED SAID IT'S A FIVE FOOT VARIANCE. AND. WELL, ON THE OTHER SIDE OF THE STREET WAS TWO, TWO FEET ON OUR SIDE IS FIVE FEET. AND I GUESS, YOU KNOW, WHY DO WE HAVE VARIANCES? YOU KNOW, IF IT WAS A FOOT OR, OR SOME, YOU KNOW, A TINY BIT, 
          [00:15:07]
IT WOULD BE ONE THING ON THE OTHER SIDE OF THE STREET. IT'S A NURSING HOME THAT'S A BIG GIANT, ALMOST LIKE OFFICE BUILDING. THAT IS LITERALLY OUR BEDROOM RIGHT THERE. ONLY WINDOW ON THAT SIDE OF THE HOUSE. AND SO. YOU KNOW, AS LONG AGO AS THIS WAS PLANNED, THEY SHOULD HAVE BEEN ABLE TO ADDRESS THIS A LONG TIME AGO AND COME UP WITH ANOTHER SOLUTION BY BACKING THAT HOUSE FURTHER CLOSER TO OUR BEDROOM. OKAY. ANY QUESTIONS? DOES BOARD HAVE ANY QUESTIONS FOR THE APPLICANT OR STAFF ON THIS? WHERE IS YOUR HOUSE AGAIN, MR. HARRISON? IT IS RIGHT THERE. THE BACK OF HIS HOUSE WILL BE BACK UP TO THIS HOUSE. SO IT IS. 
          IT IS ALREADY TIGHT AND RIGHT ON TOP OF US. THAT HOUSE, EVEN FIVE FOOT CLOSER. THEY BUILT THE LOT UP. I MEAN, WE'RE LITERALLY LOOKING RIGHT THERE. SO FIVE FEET IS A BIG DEAL. THE OTHER SIDE OF THE STREET IS NOT ANY BIG DEAL BECAUSE, YOU KNOW, IT'S A LIVING OVER THERE. ANY MORE QUESTIONS? AND THERE'S NO MORE QUESTIONS RIGHT NOW. MR. HARRISON, WHAT WOULD YOU LIKE TO SEE HAPPEN? NOT A FIVE FOOT VARIANCE. I MEAN, THE YOU KNOW, IF IT WAS A LITTLE BIT OF VARIANCE, YOU KNOW, A FOOT OR SOMETHING. YOU KNOW, IT MIGHT AFFECT THE FRONT SIDE OF THE STREET A LITTLE BIT. BUT, YOU KNOW, THERE'S A STREET RIGHT THERE. IF THEY MOVE THAT HOUSE OR, YOU KNOW, CHANGE THE HOUSE PLANS. AGAIN, THESE PLANS WERE DONE A LONG TIME AGO. IF THIS PROPERTY WAS CLEARED THIS LONG AGO. SO, YOU KNOW, THEY HAD PLENTY OF TIME TO KNOW THIS. 
          DOES THE DEVELOPMENT HAVE DO THEY HAVE GARAGE, ITS FRONT FACING GARAGE. OKAY. SO THE CONSTRUCTION WILL BE THEY'LL HAVE FRONT FACING GARAGE. YES, MA'AM. THE GARAGE ON ALL OF THOSE HOUSES IS FACING THE STREET. OKAY, OKAY, OKAY. THE HOUSES ARE HUGE FOR THAT LITTLE PIECE OF PROPERTY. SO THAT'S WHY THEY'RE HAVING TO, YOU KNOW, THEIR TINY LITTLE DRIVEWAYS. 
          YOU CAN'T EVEN YOU CAN'T PARK IN THE DRIVEWAY. BUT THAT'S NOT, YOU KNOW, THAT'S NOT OUR ISSUE. 
          IT SHOULDN'T BE. OKAY. THANK YOU. ANYONE TO SPEAK, PLEASE COME FORWARD. GIVE US YOUR NAME AND ADDRESS. NAME IS JASON KESSLER, 3505 BENT RIVER ROAD, BIRMINGHAM, 35216. A COUPLE OF NOTES. I GUESS FIRST, IN TERMS OF JUST HOW LONG THIS PROJECT HAS BEEN GOING ON, WE WERE AWARE THAT, YOU KNOW, THESE LOTS WERE GOING TO BE MORE CHALLENGING TO BUILD ON THE REST OF THE NEIGHBORHOOD. WE DIDN'T SEE THE NEED TO, WHETHER IT WAS THREE, FIVE YEARS AGO OR TODAY. GO AHEAD AND REQUEST THE VARIANCE. SOME CITIES, SOME COUNTIES HAVE DIFFERENT TIME FRAMES IN WHICH YOU YOU KNOW, IF YOU GET THE VARIANCE, YOU'VE GOT TO START CONSTRUCTION WITH A CERTAIN AMOUNT OF TIME. NOT KNOWING WHAT THAT WAS IN JEFFERSON COUNTY, WE JUST SAID, WE'LL JUST WAIT. WE'RE PROBABLY GOING TO BUILD THESE LOTS AT THE LAST ANYWAY. SO THE REASON FOR THE TIMING, THAT'S REALLY ALL IT IS QUICK, JUST CLARIFICATION. SO THIS DOES NOT BACK UP TO THE REAR OF THE PROPERTY BEHIND US. THAT IS THE SIDE OF THEIR HOME. I KNOW HE MENTIONED IT'S THEIR MASTER BEDROOM. SO REGARDLESS, WE UNDERSTAND THAT THAT'S NOT, YOU KNOW, IDEAL FOR THEM, BUT IT IS NOT THE BACK TO BACK, WHICH WE KNOW WOULD BE A LITTLE BIT MORE INTRUSIVE THAN FROM BACK TO SIDE. CREEKSTONE IF YOU'LL LOOK AT. YOU. SO THESE HOMES ARE CREEKSTONE. AND THEN THERE'S A SECOND ENTRANCE TO CREEKSTONE HERE. BUT AS YOU CAN TELL, JUST IN TERMS OF HOW CLOSE THESE HOUSES ARE TO THE PROPERTY LINE, AND THE GENTLEMAN WHO JUST SPOKE TO HIS PROPERTY LINE VERSUS OURS, I DON'T THINK THERE'S REALLY A SUBSTANTIAL DIFFERENCE, EVEN IF FOR THE VARIANCE THAT WE'D BE REQUESTING, WHICH I DID WANT TO POINT OUT, IT MAY HAVE BEEN MY MISTAKE ON THE APPLICATION. WE WERE WANTING TO GET THE SAME FOOT VARIANCE AS ACROSS THE STREET. SO INSTEAD OF FIVE, WHAT WE WANTED TO REQUEST, AND AGAIN, I MAY HAVE MADE THAT MISTAKE MYSELF REQUESTING A THREE FOOT VARIANCE. THE REASON THAT WE'RE REQUESTING THESE TWO VARIANCES ON THESE LOTS AND NOT THE OTHERS IS TWOFOLD. ONE, AS YOU COME DOWN THE ROAD HERE AND ENTER INTO THIS HAMMERHEAD, THERE IS A RADIUS THAT MAKES 
          [00:20:03]
THE TEN FOOT MINIMUM SETBACK FROM THE CURB TO THE HOME HARDER FOR US TO MAKE FIT, BECAUSE THAT RADIUS CUTS INTO THE LOT. IN ADDITION TO THAT, THERE ARE TWO STORM INLETS, ONE ON THE NORTH SIDE, ONE ON THE SOUTH SIDE, SO ONE ON EACH OF THESE LOTS. AND SO WHAT THAT FORCES US TO DO IS WHERE THOSE STORM INLETS SIT. WE CAN'T PUT THE DRIVEWAY IN THE GARAGE ON THAT SIDE OF THE LOT. IT'S GOT TO GO TO THE OTHER SIDE OF THE LOT. THE OTHER SIDE OF THE LOT IS WHERE THOSE RADIUSES ARE. AND SO WE'RE KIND OF CRAMPED ON BOTH SIDES. AS IT WAS POINTED OUT BEFORE I BEGAN TO SPEAK. ORIGINALLY, WE HAD LOOKED AT WANTING TO PUSH THESE HOUSES CLOSER TO THE ROAD, BUT IN TALKING WITH THE STAFF, YOU KNOW, WE WERE TOLD, REALLY THEY DON'T WANT TO DO THAT. THEY WANT TO HAVE THE TEN FEET MINIMUM IN THE RG CLASSIFICATION. AND SO RESPECTING THAT, WE JUST SAID, WELL, WE DON'T REALLY FEEL LIKE WE ARE GOING AGAINST WHAT IS IN THIS NEIGHBORHOOD, WHAT IS IN THIS AREA IN TERMS OF HOW CLOSE THESE HOMES ARE TO THE PROPERTY LINE. ON THE OTHER SIDE, AGAIN, WE'RE UP AGAINST TOWN VILLAGE, SO WE FELT LIKE THIS WAS THE BEST SOLUTION, GIVEN THAT THE STAFF RECOMMENDED NOT GOING FOR THE FRONT SETBACK VARIANCE. SO IS THE ACTUAL VARIANCE THAT YOU'RE SEEKING 3 OR 5 THREE. WE WOULD LIKE A THREE FOOT VARIANCE. AND REALLY AGAIN YOU KNOW THESE HOMES WE ARE CLOSE TO BEING BUILT OUT NOW. WE'VE BUILT REALLY ONE OF THREE PLANS PRETTY MUCH ON EACH LOT. AND THAT'S REALLY ALL WE'RE WANTING TO DO ON THESE TWO LOTS. WE DON'T WANT TO HAVE TO MAKE THESE HOUSES SMALLER THAN THE REST OF THE NEIGHBORHOOD. WE DON'T FEEL LIKE THAT'S GOING TO BE GOOD FOR US. IT'S NOT GOING TO BE GOOD FOR THE PEOPLE THAT EVENTUALLY BUY THE HOMES. 
          THEY'RE JUST WE HAVE TO MAKE THEM EVEN SMALLER. AND WE'RE REALLY JUST TRYING TO BUILD THE SAME, THE SAME HOMES THAT WE'VE BUILT THROUGHOUT THE NEIGHBORHOOD. IT'S ACTUALLY BEST TO HAVE THE SMALLEST HOME IN THE NEIGHBORHOOD. VALUE WISE. BUT THE OTHER ONES BRING YOU UP INSTEAD OF YOU BRINGING THEM DOWN. AND THAT'S ALL I'VE GOT. UNLESS THERE ARE ANY FURTHER QUESTIONS, SEE ANYONE ELSE HAVE ANY QUESTIONS? NO APPLICANT ANYMORE. THANK YOU SIR. SO WE'RE ACTUALLY VOTING ON A THREE FOOT VERSUS FIVE FOOT. CORRECT. DO YOU NEED TO MAKE A MODIFICATION. OKAY. OKAY. SO IN THAT CASE IT WOULD BE IF YOU WERE TO APPLY FOR THAT VARIANCE, IT WOULD BE 22FT FROM THE REAR PROPERTY LINE INSTEAD OF 20. BUT WE CAN MAKE THAT MODIFICATION. OKAY. YOU CAN DO. I DIDN'T HEAR THE LAST THING YOU SAID. OH YEAH, WE CAN MAKE THAT MODIFICATION. OKAY. THAT'S OKAY. OKAY. OKAY. SO JUST FOR CLARIFICATION. SO WE'RE RECOMMENDING APPROVAL, BUT YOU'RE GOING TO MAKE THE MODIFICATION APPROVAL. BUT IT WOULD NEED TO BE STATED FOR THE RECORD. RIGHT. 22FT TO THE REAR PROPERTY LINE IN LIEU OF THE REQUEST FOR YES. OKAY. THERE'S NOT ANY OTHER QUESTIONS. AND NOW WE WILL I WOULD LIKE TO PRESENT IT WITH THE MODIFICATION. WOULD YOU LIKE TO PRESENT THEM, MADAM CHAIR, I MAKE A RECOMMENDATION FOR APPROVAL TO A DASH 26-009 WITH A MODIFICATION TO BE GRANTED TO FOR 22FT IN LIEU OF THE 20FT. I SECOND THE MOTION. ALL IN FAVOR? AYE. ANY OPPOSED? OKAY. THIS HAS BEEN GRANTED WITH THE MODIFICATION OF IT BEING 22FT INSTEAD OF THE REQUESTED 20FT, THE PROPERTY LINE. OKAY. NEXT ONE IN OUR LAST ONE IS GET DOWN. THIS ONE IS A 260010 PROPERTY 
          [A-26-0010 Jeremy E. Wright, owner; request a variance from the terms of the zoning resolution to allow a utility easement to be considered as “open space” for a proposed Planned Unit Development. Property zoned A-1 (Agriculture) pending rezoning to PR-7 (Conservation Development)* PID#s 4300214000008000 & 4300223000010001 in Sec 22 / Twp 20 / Range 5W. Acreage (Proposed Cottages and Mill Creek Subdivision**)(Site addresses 6579 & 6541 Eastern Valley Road, McCalla, 35111)(21.66+/-)*concurrent rezoning case Z-26-0027 **concurrent subdivision case S-26-0067]
OWNER. NOW IT'S JEREMY, RIGHT? PLEASE PRESENT THE CASE. YES, MA'AM. THIS IS A VARIANCE FROM THE TERMS OF THE ZONING RESOLUTION TO ALLOW UTILITY EASEMENT TO BE CONSIDERED AS OPEN SPACE FOR A PROPOSED PLANNED UNIT DEVELOPMENT. ARTICLE SEVEN, SECTION SEVEN. 
          701093 SEE LIST UTILITY EASEMENTS. AS A LAND USE THAT MAY NOT BE COUNTED TOWARDS REQUIRED OPEN SPACE. WE HAD OUR NEW ZONING REGULATIONS THAT CAME INTO THE INTENT OF THE LANDSCAPE STANDARDS AND OPEN SPACE REQUIREMENTS IN THE ZONING RESOLUTION IS TO ENCOURAGE OPEN SPACES THAT PROVIDE AMENITY FOR A PLANNED UNIT DEVELOPMENT, AND NOT MERELY COUNT ALL NON DEVELOPED SPACE SUCH AS DRAINAGE DITCHES, AS OPEN SPACE. WHEN DETERMINING 
          [00:25:04]
MINIMUM OPEN SPACE REQUIREMENTS. IN THIS CASE, THOUGH, THERE'S A LARGE UTILITY EASEMENT THAT THE APPLICANT IS WORKING WITH ALABAMA POWER TO ACTUALLY USE THE UTILITY EASEMENT TO CREATE SMALL PLAY AREAS NEAR THE PROPOSED ROADWAY AND DEDICATE SPACE FOR WALKING TRAILS. IF THIS SAME SPACE WERE NOT WITHIN A UTILITY EASEMENT, BUT PLANNED FOR THE SAME USE, IT COULD BE COUNTED AS OPEN SPACE WITHOUT THE VARIANCE. THUS, THE INTENT. THE USE OF THE UTILITY EASEMENT SATISFIES THE INTENT OF THE OPEN SPACE REGULATIONS BY PROVIDING AMENITY AREAS FOR RESIDENTS. FOR THE PROPOSED SUBDIVISION, REGARDLESS OF THE VARIANCE OR PROPOSED ZONING CHANGE, ALABAMA POWER WOULD HAVE TO AGREE TO ANY USE OF THE AREA WITHIN THE UTILITY EASEMENTS. THAT BEING SAID, STAFF RECOMMENDS APPROVAL OF A 260010 WITH RECOMMENDATION OR APPROVAL FROM ALABAMA POWER TO USE THIS AS OPEN SPACE. THANK YOU. OKAY. IS ANY MEMBER OF THE BOARD HAVE QUESTIONS FOR THE STAFF OR THE APPLICANT REGARDING THIS CASE? I DO. HAS ANYBODY TALKED TO ALABAMA POWER? YOU HAVE. YOU ARE. OKAY. PLEASE GIVE US YOUR NAME AND ADDRESS. 
          MY NAME IS JEREMY WRIGHT, 1001 BEAUMONT AVENUE, SUITE 200, HOOVER, ALABAMA, 35242. SO YOU'VE TALKED TO ALABAMA POWER EXTENSIVELY? YES. OKAY. WE HAD A THERE WAS AN ORIGINAL THERE WAS AN ORIGINAL AGREEMENT ON THE PROPERTY A LITTLE OVER TEN YEARS AGO TO USE THE PROPERTY TO HAVE A ROADWAY ACROSS THE PROPERTY AND TO BE ABLE TO HAVE A POND ON THE PROPERTY THAT WAS FOR THE FOR WHAT THE PROPERTY WAS BEING USED FOR AT THE TIME. AND THEN WE'VE HAD MEETINGS WITH ALABAMA POWER, PRESENTED THEM DRAWINGS OF WHAT THE DEVELOPMENT WOULD BE, WHAT OUR INTENT WAS FOR THAT, IMAGES WHICH WERE SHOULD BE IN YOUR FILE OF WALKING TRAIL AND SOME OPEN GREEN SPACE. I THINK THERE'S DID YOU HAVE THE PICTURES THAT SHOW ACTUAL PICTURES OF WHERE THIS WAS DONE IN OTHER LOCATIONS? IS IT ATTACHED TO YOUR FILE? OKAY. 
          HOLD ON. IS IT IF IT'S IF IT'S THE COTTAGES AT MILL CREEK. YEAH. YES WE HAVE, WE HAVE SOME WE HAVE SOME PICTURES. THESE. YES, YES. SO WE HAVE TALKED WITH THEM EXTENSIVELY ABOUT WHAT CAN GO IN THAT AND WHAT IT WOULD BE USED FOR, BECAUSE ALABAMA POWER, THEIR REQUIREMENTS FOR THEIR FORMAL AGREEMENT REQUIRES ACTUAL CONSTRUCTION DRAWINGS THAT CAN ACTUALLY BE SIGNED OFF AND APPROVED BY THE POWER COMPANY UNTIL WE GET TO CONSTRUCTION DRAWINGS, WHICH WOULD BE AFTER PNC AND ZONING THOSE. OKAY. THANK YOU. OKAY. ANY OTHER QUESTIONS? NO. OKAY. THANK YOU SIR. OKAY. IF THERE'S NO OTHER QUESTIONS ABOUT THIS, MAY I HAVE. MOTION FROM THE BOARD? MADAM CHAIR, I RECOMMEND APPROVAL FOR CASE A DASH 26-0010. I SECOND THE MOTION. OKAY. ALL IN FAVOR? AYE. ANY OPPOSED? OKAY. YOUR VARIANCE 
          [Additional Item]
HAS BEEN APPROVED. OKAY. OF ALL MEMBERS OF THE BOARD HAD A CHANCE TO REVIEW THE CASE MATERIALS AND MINUTES FROM THE JUNE 22ND, 2026 HEARING THAT WERE SENT TO US ELECTRONICALLY. 
          YES. THEN MAY I HAVE A MOTION FROM THE BOARD REGARDING THE MINUTES FROM THE JUNE 22ND, 2026 HEARING? MADAM CHAIR, I MAKE A MOTION TO SUSPEND THE READING OF THE JUNE 20TH, 2022 MINUTES AND APPROVE IS WRITTEN. OKAY, YOU SAID 2022. JUNE 22ND, 2026, 2026. I JUST WANTED CLARIFICATION ON THAT. OKAY. THANK YOU. WE'RE ALL HAVING ISSUES WITH NUMBERS TODAY. OKAY. 
          ALL IN FAVOR? AYE. ANY OPPOSED? OKAY. THE
* This transcript was compiled from uncorrected Closed Captioning.