Board of Zoning Adjustment - Regular Meeting

Good afternoon. The board of zoning and adjustments of the city of Decator is now in session. Your reporting on adjustments today, seeking special consideration to an ordinance based on special conditions for the literal enforcement of an ordinance will result in unnecessary hardship for you, but there's been an error in the enforcement of the ordinance. We only have four members here today. It will require four favorable votes. So, we will give you the option to present today knowing that all four have to be in agreement or you can choose to come back in December and not have excuse me to reapply when we should have five minutes. Please come forward when your name is called and state your name, address, and what you would like this board to do. All cases will be called in the documented order. Please call the role.

Delane Dean here. Mark Moody here. Fa Gonzalez here. Tom P here. Are there any corrections to the minutes of the last meeting? Can I get a motion to approve the minutes? Make a motion to approve. Second. Second. All in favor say I. I. Please call the first case. Application and appeal of Dodd Signs and Service LLC for a 300.64 64 square ft attached sign area variance from section 25-76E2 and an 80 ft directional sign area variance from section 25-732 for a new speedway project. Property is located at 3523 Deer Road Southeast in the M1 Light Industry District.

Your name and your address. Kobe Dodd. uh 50 electric lane, Silicaga. Tell us what you would like us to to do today. Uh well, they're Speedway's wanting to add the signs and they're um want to go up a little bigger than than what y'all allowed. So, they asked us to come uh see if y'all would allow to go a little bigger with the signage. Questions from the board. The uh directional signage. on page 15 D4 D56 on here.

It may not be your page. It's a D4. You said yes sir. Show them the site plan. How far are those back from? Um, the last one we did was a we did one in Mobile and they were offset. I'm not sure exactly how it's laid out, so I'm not positive on how far they off the road. Mhm. Um, now I can show you one that we just did in Mobile and show you how far they are. I would say they're probably 20 foot off the road. Um, maybe a little further than that. I'm trying to find it in here. They're in the package. Yes.

They are. Yeah. Yeah. You want me to show you a picture of them? You can kind of see how far they are. Well, I wonder what the hardship is. Why those cannot be brought into compliance? What is the hardship? Uh they just want them, I guess, big so the truck drivers can see them. Um that way the cars and the trucks don't mix up which lanes are going in. is uh most of them they set up they have it where the trucks go out opposite of cars that way they're not interfering. Okay. Were they lit signs? Yes, sir. Okay. Are they larger than a speed limit sign? Uh yes, sir. Even if they were in compliance. Yes, sir.

All right. Those are originally solved by the truck drivers, too, though, right? Speed limit signs. Uh yes, sir. Yeah. Yeah. Yeah, I think it's just cuz they're low lower to the ground. I think the what 6 foot to the top of it. What did you read in the premeating about what how far back from the road would be compliance for a 6ft tall?

I think it was 80 square ft and they're 32. The way they show it on this I don't Y'all have this one that shows the map. Yeah. I think it's going to be more than I want to say it's probably more than 50 foot back from the looks of it from the property line. uh from the property line. Yes.

Um I'm really not sure exactly. Normally when we lay them out, the electricians and the GC's already have the electrical how far back they want them. Um but I'm going to say on the property line, it's probably 10 or 20 foot back off the property. It's hard to tell exactly with this, but um I know off the road it'll be a good ways back off the road.

Other questions? Is this a standard package package that they use for all of their Yes, ma'am. Yes, ma'am. Yeah, they're pretty much uh most of them they set up the same way. uh well, you know, upon approval from the cities, but they're pretty much set up set up pretty standard to all of them. So, is that a hardship you're here with? Uh yes, sir. I think it was that sign and uh I think it was that was it. I think it was just for that sign maybe or there was one for

Oh, I think it was over on your attach sign. Yes, sir. The my secretary's actually been doing it hand or doing all the paperwork with it. So, I'm not exactly sure on the all of it. Here's this thing. There was a 300 square ft attached sign area variance from section 2576. I'm not sure which one that is though. I think that's all of it. All of it. That's all of the That is the canopy and all the building.

Yeah, I added them all together. You were allowed 200 and then so I did the math. Oh, that's that's one direction. Okay. Any other questions from the board? Comments from the public? Comments from the building department? No comment. Comments from the planning department? No. Public testimony is now closed. There being no further comments, this appeal is presented to the board for its ruling. Is there a motion? I'll make a motion to approve as submitted provided the directional signage is in compliance with the zoning ordinance. Is there a second? Second. Please call the role. Gla Dean? Yes. Tom Pole? Yes.

Flora Gonzalez? Yes. Mark Moody? Yes. Thank y'all so much. Thank you. Please call the next case. Case number two, application and appeal of Mighty Sanchez for a 5.5 ft sideyard setback variance from section 25-10.82E to construct a carport 9.5 ft from the side property line. Property is located at 916 Betty Street Southwest in the R1 residential single family district. Uh good afternoon, Mighty Sanchez. property is 916 Bitty Street Southwest here in Decator.

Did you understand that you have to have all four have to be in favor or you can choose to come back? Yes, ma'am. Okay. Yes. Tell us what you would like us to do for you today. To approve the extended setback variance um for a carport that um we are wanting to install at the property. questions from the board. You you say carport, but I think what gets into the sideyard setback is the lean too. That is correct. The lean is um 14 on the length. Yes, ma'am.

And I am wanting to see if I can get that approved. That is um due to the hardship that there's not enough room in the garage. Um we can't keep property out in the driveway because we've had theft. Um there's been another garage build to the property um approved by the city of course and um there's just not enough room. We have police reports where we've had multiple thefts in the property. There's a fence that's been installed this soil, but not enough. Um, if I only do the 30 by 50, it wouldn't be sufficient for the the cars that we have and the tools. What's the hardship? Why does that link to have to be located in the sideyard versus the rear yard along the 30ft dimension of the proposed excuse me carport car garage, excuse me,

to have enough room to go in and out of the the driveway. And the lean basically is going to protect just their property like the generators that we have um tools like the lawnmowers just to avoid getting damage. It's funds of course invested into you know personal property that we want to avoid being damaged and stolen property. Would the fence be in front of the loom tube or would all of that be open to the to the road?

So the fence is located here. So it's to the side of of the fence and the lean is shorter than the carport height. You wouldn't be able to see the lean from the outside. There's also the um privacy fence that we have which is a vinyl um that avoids the scene from the So what what is the height of the lane to

it is if I'm not mistaken it's at let's Okay. I don't have that written down here, but I know that it's not near what the height of the carport will be. I want to say it's at 8. Right. Any other questions from the board?

I got one. If if your hardship is because people are stealing things out of the yard, how's the carport going to protect? Well, we have a privacy fence now that we've added to the property since that's been happening. Um, now that we have the property, um, the privacy fence, that's going to help us avoid having to leave cars in the driveway. Um, we have a driveway on, so it's the side of the house by the garage. Um, now we don't have to leave the cars outside because we'll have enough room in the property. So, it'll avoid us leaving that and it avoid the theft. There's two cars already in the garage. I There's a total of five vehicles in the house. Two in the garage, three will go in the carport. And then of course your lawn mower and things like that used in the house and the extended lean. Go back to Tom's question. Is there a reason the lane could not be put at the back of the carport to where it's going into the backyard?

Then I won't have enough room to turn with the vehicles. So there'll be a vehicle under the lane too. Not under the lane. Well, since the lane's going to be under, I can't put the truck under the lane. That's going to be basically used for for the tools for home for home. No, it's open. There's no walls.

Any other questions from the board? Comments from the public? Comments from the building department. No comment. Comments from the planning department. No comment. Public testimony is now closed. There being no further comments, this appeal is presented to the board for its release. Is there a motion?

Make a motion to approve as submitted. Is there a second? Second. Please call the role. Mark Moody, no. Flora Gonzalez, yes. Tom Pole, no. Blaine Dean. No, you've not been approved. I will say if you just do your carport, you do not have to come to us because the carport dimensions that you laid out do not encroach onto your property. So having the lean the lean is what's throwing it. Yeah, the lean too is the issue.

How how is that an issue for the CD? I'll like to know that. If it's in the property and there's enough room still from like the property line to the lean because it encloses into what the city has declared necessary your sideard in between your sideyard and your property line. Okay. Again your carport carport dimensions are fine. That does not you know that does not encroach in that that um that area. Mhm. Thank you. Thank you.

I guess case number three, application and appeal of Gordon Telpin for relief from an administrative decision to deny a use not permitted from section 25-12 and application and appeal for for a use permitted on appeal from section 25-12 to operate a law firm business. Property is located at 1206 Somerville Road Southeast in an MC Medical Center District. Tiffany Speed, 305 Vaughn Street, Hartzil, Alabama 35640. Tell us what you would like us to do for you today.

I've prepared something um and so I'll give it to y'all. U so first off, I want to begin by thanking the Boza board for your time this afternoon. Uh you do so much for this community u much of it behind the scenes. So we really appreciate each of you. Uh my name is Tiffany Speed and I'm an attorney. One second before you get to let me um make sure you were good with only having four knowing that all four will have to have a table. Yes, ma'am. Or you can choose to come back and be safe. We're okay with your four. Go ahead.

Yes. My name is Tiffany Speed and I'm an attorney with Mama Justice Law Firm. I'm originally from Culver City, California, but I moved to the South for for law school, and along the way, I fell in love with an Alamian. My husband and I have chosen to build our life here in Morgan County, putting down roots and raising our family. Just as my family means a great deal to me, so does the firm I work for. Mama Justice has been my professional home for several years. First as a law student and now as an attorney. In 2023, Inc. 5,000 recognized our firm as the fastest growing company in the state of Mississippi and is the fastest growing female owned law firm in this country which off uh with offices in Tupelo, Jackson, Columbus, and South Haven. The woman behind Mama Justice is here with us today. She's wearing a fabulous blue tweed jacket. Um, if the board authorizes our request for 1206 and 1208 Somerville Road, Decatur will be our first outofstate operation. Out of all the cities in North Alabama, Florence, Coleman, Athens, and Huntsville, we chose Decar. We see tremendous potential here, a growing and increasingly diverse city, a tight-knit community, and a clear need for younger legal professionals like myself. If the sale is approved, Mama Justice intends to make a meaningful invest investment in this community, not only financially, but through outreach and service. Service is central to who we are. The foundation of Mama Justice is simple. Treat community like their family. Our services include our service includes volunteering with Habitat for Humanity where I personally helped paint a home for family for a family in Tupelo, participating in cancer awareness 5Ks, supporting local high school career fairs, and many other community focused initiatives. Service is part of our identity. We believe Mama Justice will be an excellent fit for Morgan County, for the state of Alabama, and especially for the city of Decar. We are excited

about the opportunity to expand here. and become a meaningful part of this community. As a young attorney, I would be honored to help bring more young professionals to this area. We have big plans for contributing to Decar's future because Decar is not stuck in the past. Decatur is moving forward. Our plan for 1206 and 1208 Somerville Road can become an extension of home for us. The journey to find the right location has been long. We explored other cities and areas, but our hearts were set on Decar. This will be our primary Alabama operation. Mama Justice is no stranger to growth in just six years of business. We've expanded to four locations, 10 attorneys, and now have more than 50 staff members. We want the city of Decar to grow with us. We are committed to serving the people of Decar and ensuring that community has strong, accessible representation. That is the Mama Justice Way. Thank you for your time and consideration.

Thank you. Question from the board. How does Mama Justice, how is it tied to the medical community? Our firm represents parties that are seriously injured and so we have catastrophic injuries. Sometimes we have death cases. Um, a lot of our clients have been impacted physically in in a major way. I mean, is it part of your mission statement, too? Mama Justice is their advertising that that's really what their practice.

Absolutely. I mean, our mission is to help the seriously injured and catastrophic injuries. Absolutely. There other questions from the board. As you know, right now in a medical district, it is limited to correct, you know, strictly medical companies. Yes, ma'am.

There is there is a new zoning going into effect in January where this isn't an issue anymore. So that's what we're kind of dealing with up here is the fact that in two months time it is it's a non-issue.

Can I just add something to that exact point? So we right now have some cases in our client pool where um there are and they are in North Alabama and so we're not able because I'm working from home and as much as I would love to invite all these clients inside my home um we can't do that. Um, so we're not able to service our clients in the capacity we would we would like to. And so in the event that you approve this, we will be able to I will be in the office ready to help this community and North Alabama in general. Any other questions from the board?

Question or comments for the public? Well, it's actually just a month a little over a month what we're talking right can comment to this if you guys are okay with that. Sure.

Just making a comment but uh the planning department's point of view on this. So we understand that you as the applicant are attempting to put a under meeting the current zoning ordinance. Uh the text says uh that you're trying to put a legal firm in a medical district. Uh but the planning department's point of view is that just because you may primarily focus on the medical field and legal term. Uh that doesn't constitute or prove being related to the medical field. So, but in a month's time though underneath the new zoning ordinance that's going in effect on January 1st, uh you would be able you would then qualify as being able to go to the medical district which medical district is changing to institutional under the new zoning ordinance and then uh all you would have to do is come back to zone. So, as of right now, the planning department doesn't see that you technically qualify underneath the current zone awards, but if you come back in a month, the new one, you will.

So, we just definitely want everybody to know that. Comments for the building department? No comment. Any other comments for the play department?

I understand. Basically, I said a month if y'all view that u the new or coming into effect it's you know that may be a justification for hardship it's fixed to change. So while but that then you got to go to the next step. Is it a use permitted on appeal? In other words, is it a use permitted? Can you put certain conditions on it to make it conducive to the medical district? So to get on the first term that he's talked about that you see it as a partnership because it's only a month away. Then you go to the next question which is do you see this particular use as something that could be compatible with the medical district under certain conditions? So I'm not trying to confuse. I'm just saying there's two different levels.

Right. The first one was special exception use. And then do y'all do any kind of representation that is not temporary related? No, we are well no we we do only injury related cases whether that's car accidents or workman's comp. Everything that we do has a tie to the medical injury related client base. Do you have a business card or anything that kind of says that summary?

I don't have a business card on me. My boss may have a business card on her. But we have a a website that um talks all about home justice. I would like you to go to that. We have um we lots of fivear Google reviews. We do dog bites, cars, trucks. Can you say your name just for the the minutes? It's Missy Queenington. W I G I N T O. So again, y'all don't do anything that's not medical related. That's correct. All right. Any other questions? May I may I make a statement?

Hi, I'm Dr. Telin. I'm the owner of these properties. Um, so Dr. Telpin, uh, Gordon Telpin, 120 2309 Arapjo Trail, Decatur, Alabama. And again, I I I appreciate you guys taking these cases. Um, so I've been in solo private practice in Decar for 31 years as a surgeon. 32 years. and I've occupied 1206 Somerville Road since 1995 when I bought it and renovated it. Then in 2003, I bought uh 1208 next door and I used it for about eight or nine years as kind of an extension of my practice and I did that for approximately eight years. So I retired this past summer from my surgical practice. And what I wanted to say was, you know, medicine has changed a great deal in in the past 32 years. And not many new physicians want to go into solo private practice and run their own practice, you know, like I did. They either want to be in a big group or be hired by the hospital and be a hospital doctor. So therefore, the trend is going to be for doctors to be in kind of larger multi-uite buildings. and I own two single suite buildings basically. Um so therefore small buildings in the medical district to keep the medical district vibrant. Um it is very wise of the city with this rat this last reg regulation that got approved to broaden the categories of professional entities that can be in the medical district. I mean I think that was really a wise move. So the opportunity to have this uh this great legal practice come to town and use my two buildings and attract you know new young professionals to the city I think is great and as we're saying in a month this is a non-issue. Uh but the point is we do want to move forward and at least have them move in and start so you know

they can practice and not have to come back and present this again since in January 1st this is a non-issue. So that's why we're here today because the way we understood it, there's not even a meeting in December. So that would push this if we had to come back to board of zoning that would push it into January if I understand that correctly. So that that's the point of this. I appreciate it. Thank you.

Public testimony is now closed. There being no further comments, excuse me. This appeal is presented to the board. Is there a motion? I make a motion to approve as submitted. There a second. Second. Please call the role. Floor Gonzalez, yes. Delane Dean, yes. Tom Pole, yes. Mark Moody, yes. You have been approved. Herman, do I need to read the next case? Well, we didn't vote on it. Good thing to add to this one. You just whatever that was, that was true. when you're ahead. I think if you'll call the next case. Sure.

We can open it up for comments. Correct me if I'm wrong. We'll vote again. We'll comment. Should I give my name again just for the minutes?

Probably. Case number four, application and appeal of Gordon Telpin for relief from an administrative decision to deny a use not permitted from section 25-12 and application and appeal for a use permitted on appeal from section 25-12 to operate a law firm business. Property is located at 1208 Somerville Road Southeast in an MC Medical Center District. Tiffany Speed, 305 Vaughn Street, Hartzell, Alabama 35640. Is it safe to assume you will only be doing medical related cases from this address as well? Yes, ma'am.

There any questions for the board? Questions from the public? Comments from the building department? No comment. Comment from the planning department? No comment. Public testimony is now closed. There being no further comments, this appeal is presented to the board. Is there a motion? Make a motion to approve. Is there a second? Second. Please call the role. Delane Dean? Yes. Mark Moody? Yes. Tom Pole? Yes. Fa Gonzalez? Yes. As well. Is there any other new business to discuss? Next month's meeting will be January. So we will not have a meeting in December.

Okay. That will be Well, I think actually you you guys have to vote on that if I'm not mistaken. I think I do have a motion to um not have a meeting in December due to the holidays. Second. A second. All in favor say I. I. There. Any other new business to discuss? And if not, we have a motion to motion. Happy