1 00:00:00,000 --> 00:00:00,720 2 00:00:00,720 --> 00:00:04,700 Help citizens and get to help my brothers and. 3 00:00:04,700 --> 00:10:42,670 4 00:10:42,670 --> 00:10:43,250 All right. 5 00:10:43,250 --> 00:10:46,010 Welcome to the Zoning Board of adjustment. 6 00:10:46,010 --> 00:10:51,710 Thursday, September 3, 2026. 7 00:10:51,710 --> 00:10:55,370 We will start with a roll call Mr. harbor. 8 00:10:55,370 --> 00:11:00,950 Here Here Mr. Brown. 9 00:11:00,950 --> 00:11:04,430 Here Mr. Bianca present. 10 00:11:04,430 --> 00:11:05,310 We have a quorum. 11 00:11:05,310 --> 00:11:05,810 All right. 12 00:11:05,810 --> 00:11:07,630 Thank you very much. 13 00:11:07,630 --> 00:11:13,910 And has everyone had an opportunity 14 00:11:13,910 --> 00:11:18,390 to review the minutes from our meeting on August 6. 15 00:11:18,390 --> 00:11:20,030 Yes, sir. 16 00:11:20,030 --> 00:11:23,870 Any questions, concerns, or changes to the minutes as 17 00:11:23,870 --> 00:11:27,150 presented. 18 00:11:27,150 --> 00:11:28,350 All right. 19 00:11:28,350 --> 00:11:33,710 Then I will entertain a motion to approve the minutes. 20 00:11:33,710 --> 00:11:35,630 So moved. 21 00:11:35,630 --> 00:11:39,310 Second can I get a roll call Mr. harbor. 22 00:11:39,310 --> 00:11:41,430 Aye Mr. Dean. 23 00:11:41,430 --> 00:11:45,070 Dean Cushman. 24 00:11:45,070 --> 00:11:47,870 Yeah sorry. 25 00:11:47,870 --> 00:11:51,670 Yes OK Mr. Brown. 26 00:11:51,670 --> 00:11:55,670 Yeah Mr. Bianca, abstain. 27 00:11:55,670 --> 00:12:00,910 And minutes are approved. 28 00:12:00,910 --> 00:12:03,650 So just a little bit of housekeeping here. 29 00:12:03,650 --> 00:12:06,990 This board is composed of five persons with two supernumeraries 30 00:12:06,990 --> 00:12:09,330 as empowered by the Alabama State legislature, 31 00:12:09,330 --> 00:12:11,350 but appointed by the city council 32 00:12:11,350 --> 00:12:13,630 and charged with hearing petitions for relief 33 00:12:13,630 --> 00:12:17,030 from a literal and strict application of the zoning code. 34 00:12:17,030 --> 00:12:19,810 Cases are heard in the order in which they are filed. 35 00:12:19,810 --> 00:12:22,010 Motions are made in the positive, 36 00:12:22,010 --> 00:12:24,230 and each case requires a positive vote 37 00:12:24,230 --> 00:12:25,650 of at least four members. 38 00:12:25,650 --> 00:12:28,470 A simple majority will not approve an action. 39 00:12:28,470 --> 00:12:31,270 The burden of proof for variances and special exceptions 40 00:12:31,270 --> 00:12:32,730 rests with the petitioner. 41 00:12:32,730 --> 00:12:35,150 Any party aggrieved by any decision of the board 42 00:12:35,150 --> 00:12:39,350 may, within 15 days, file a written notice of Appeal 43 00:12:39,350 --> 00:12:41,230 to the Circuit Court. 44 00:12:41,230 --> 00:12:43,990 Before we get started, I just want to say one other thing. 45 00:12:43,990 --> 00:12:47,890 We have gotten a little bit of feedback when we are speaking. 46 00:12:47,890 --> 00:12:50,310 If we can just make sure that we speak into the mic. 47 00:12:50,310 --> 00:12:55,510 So it's being captured both for note taker and for those 48 00:12:55,510 --> 00:12:59,110 that are watching online. 49 00:12:59,110 --> 00:13:00,990 All right. 50 00:13:00,990 --> 00:13:04,570 That brings us to our first and only case of the night. 51 00:13:04,570 --> 00:13:12,190 Case number c2026-0058122 Madison Boulevard. 52 00:13:12,190 --> 00:13:15,710 Bradley arant boult Cummings LLP is requesting a special 53 00:13:15,710 --> 00:13:19,830 exception to allow for an assembly use in the r-4 54 00:13:19,830 --> 00:13:23,140 multifamily district, as authorized in section 55 00:13:23,140 --> 00:13:25,980 6 4-1 of the zoning ordinance. 56 00:13:25,980 --> 00:13:29,300 This request is in accordance with zone with Section 11 57 00:13:29,300 --> 00:13:32,500 eight of the zoning ordinance. 58 00:13:32,500 --> 00:13:35,300 If you are here to present the case, please approach the mic 59 00:13:35,300 --> 00:13:37,960 and give us your name and address for the record. 60 00:13:37,960 --> 00:13:40,980 61 00:13:40,980 --> 00:13:43,120 Certainly my name is Ben Hutton. 62 00:13:43,120 --> 00:13:45,420 I'm an attorney with the law firm of Bradley 63 00:13:45,420 --> 00:13:47,740 arant boult Cummings, 200 Clinton Avenue 64 00:13:47,740 --> 00:13:50,740 West, Huntsville, Alabama. 65 00:13:50,740 --> 00:13:54,100 We are seeking a seeking a special exception 66 00:13:54,100 --> 00:13:55,200 for ST Michaels. 67 00:13:55,200 --> 00:13:58,920 I think you've got the staff report before you. 68 00:13:58,920 --> 00:14:00,260 And I really don't have a whole lot 69 00:14:00,260 --> 00:14:02,740 to add other than we can happy to answer 70 00:14:02,740 --> 00:14:08,000 any questions that you guys have in connection with that. 71 00:14:08,000 --> 00:14:13,060 72 00:14:13,060 --> 00:14:16,740 Did anyone have any questions. 73 00:14:16,740 --> 00:14:20,320 No I think we were curious that we were talking. 74 00:14:20,320 --> 00:14:23,040 How long has this project been under construction. 75 00:14:23,040 --> 00:14:23,633 I'm just curious. 76 00:14:23,633 --> 00:14:25,000 It feels like it's been a very long time. 77 00:14:25,000 --> 00:14:29,080 It has been a while in fits and starts perhaps, 78 00:14:29,080 --> 00:14:30,840 but 10 years, 10 years. 79 00:14:30,840 --> 00:14:31,400 I was right. 80 00:14:31,400 --> 00:14:32,160 I said a decade. 81 00:14:32,160 --> 00:14:35,080 OK, maybe not continuous. 82 00:14:35,080 --> 00:14:37,260 Yes yeah. 83 00:14:37,260 --> 00:14:42,380 OK well then if there are no questions, I will. 84 00:14:42,380 --> 00:14:44,820 Well, first of all, is there anyone else here to speak 85 00:14:44,820 --> 00:14:48,580 to this case for or against. 86 00:14:48,580 --> 00:14:51,420 Have we received any written or telephone 87 00:14:51,420 --> 00:14:54,520 correspondence regarding this case, sir No, we have not. 88 00:14:54,520 --> 00:14:58,560 OK, well, since there is no additional information, 89 00:14:58,560 --> 00:15:00,980 I will entertain a motion. 90 00:15:00,980 --> 00:15:04,740 I'd like to make a motion to move to approve 91 00:15:04,740 --> 00:15:07,500 the special exception request for assembly 92 00:15:07,500 --> 00:15:14,980 use church per section 6 4 one of the zoning ordinance. 93 00:15:14,980 --> 00:15:18,040 Second I have a motion and a second. 94 00:15:18,040 --> 00:15:25,040 Can I get a roll call vote, please Mr. Barber, 95 00:15:25,040 --> 00:15:31,020 a Mr. Brown, a Mr. Bianca I. Motion carries. 96 00:15:31,020 --> 00:15:31,800 Motion carries. 97 00:15:31,800 --> 00:15:32,740 Thank you all so much. 98 00:15:32,740 --> 00:15:33,240 Thank you. 99 00:15:33,240 --> 00:15:36,100 Thank you. 100 00:15:36,100 --> 00:15:37,980 Do we have any other business that 101 00:15:37,980 --> 00:15:39,820 needs to be discussed tonight. 102 00:15:39,820 --> 00:15:41,840 Yes do you want to do it. 103 00:15:41,840 --> 00:15:44,260 No you go ahead. 104 00:15:44,260 --> 00:15:48,220 So planning staff will be at a planning conference 105 00:15:48,220 --> 00:15:50,440 September 29 through October 1. 106 00:15:50,440 --> 00:15:53,500 And October 1 is the next zoning board meeting. 107 00:15:53,500 --> 00:15:56,780 So we are going to see if you all 108 00:15:56,780 --> 00:15:59,720 are available to move it to the next Thursday, October 8. 109 00:15:59,720 --> 00:16:02,940 The applicant has already said that they're fine with that. 110 00:16:02,940 --> 00:16:04,920 So you don't have to decide tonight, 111 00:16:04,920 --> 00:16:08,580 but just let us know by email. 112 00:16:08,580 --> 00:16:10,300 That's it. 113 00:16:10,300 --> 00:16:10,800 All right. 114 00:16:10,800 --> 00:16:11,460 Thank you. 115 00:16:11,460 --> 00:16:14,460 All right. 116 00:16:14,460 --> 00:16:20,980 If there is no other business, I will move that we adjourn. 117 00:16:20,980 --> 00:16:22,240 All right. 118 00:16:22,240 --> 00:16:23,740 Thank you. 119 00:16:23,740 --> 00:16:24,680 Scott thank you. 120 00:16:24,680 --> 00:16:26,290 Good night. 121 00:16:26,290 --> 00:16:28,000