[0:00] 
[0:00] Help citizens and get
to help my brothers and.
[0:04] 
[10:42] All right.
[10:43] Welcome to the Zoning
Board of adjustment.
[10:46] Thursday, September 3, 2026.
[10:51] We will start with a
roll call Mr. harbor.
[10:55] Here Here Mr. Brown.
[11:00] Here Mr. Bianca present.
[11:04] We have a quorum.
[11:05] All right.
[11:05] Thank you very much.
[11:07] And has everyone
had an opportunity
[11:13] to review the minutes from
our meeting on August 6.
[11:18] Yes, sir.
[11:20] Any questions, concerns, or
changes to the minutes as
[11:23] presented.
[11:27] All right.
[11:28] Then I will entertain a
motion to approve the minutes.
[11:33] So moved.
[11:35] Second can I get a
roll call Mr. harbor.
[11:39] Aye Mr. Dean.
[11:41] Dean Cushman.
[11:45] Yeah sorry.
[11:47] Yes OK Mr. Brown.
[11:51] Yeah Mr. Bianca, abstain.
[11:55] And minutes are approved.
[12:00] So just a little bit
of housekeeping here.
[12:03] This board is composed of five
persons with two supernumeraries
[12:06] as empowered by the
Alabama State legislature,
[12:09] but appointed by
the city council
[12:11] and charged with hearing
petitions for relief
[12:13] from a literal and strict
application of the zoning code.
[12:17] Cases are heard in the order
in which they are filed.
[12:19] Motions are made
in the positive,
[12:22] and each case requires
a positive vote
[12:24] of at least four members.
[12:25] A simple majority will
not approve an action.
[12:28] The burden of proof for
variances and special exceptions
[12:31] rests with the petitioner.
[12:32] Any party aggrieved by
any decision of the board
[12:35] may, within 15 days, file
a written notice of Appeal
[12:39] to the Circuit Court.
[12:41] Before we get started, I just
want to say one other thing.
[12:43] We have gotten a little bit of
feedback when we are speaking.
[12:47] If we can just make sure
that we speak into the mic.
[12:50] So it's being captured both
for note taker and for those
[12:55] that are watching online.
[12:59] All right.
[13:00] That brings us to our first
and only case of the night.
[13:04] Case number c2026-0058122
Madison Boulevard.
[13:12] Bradley arant boult Cummings
LLP is requesting a special
[13:15] exception to allow for an
assembly use in the r-4
[13:19] multifamily district,
as authorized in section
[13:23] 6 4-1 of the zoning ordinance.
[13:25] This request is in accordance
with zone with Section 11
[13:29] eight of the zoning ordinance.
[13:32] If you are here to present the
case, please approach the mic
[13:35] and give us your name and
address for the record.
[13:37] 
[13:40] Certainly my name is Ben Hutton.
[13:43] I'm an attorney with
the law firm of Bradley
[13:45] arant boult Cummings,
200 Clinton Avenue
[13:47] West, Huntsville, Alabama.
[13:50] We are seeking a seeking
a special exception
[13:54] for ST Michaels.
[13:55] I think you've got the
staff report before you.
[13:58] And I really don't
have a whole lot
[14:00] to add other than we
can happy to answer
[14:02] any questions that you guys
have in connection with that.
[14:08] 
[14:13] Did anyone have any questions.
[14:16] No I think we were curious
that we were talking.
[14:20] How long has this project
been under construction.
[14:23] I'm just curious.
[14:23] It feels like it's
been a very long time.
[14:25] It has been a while in
fits and starts perhaps,
[14:29] but 10 years, 10 years.
[14:30] I was right.
[14:31] I said a decade.
[14:32] OK, maybe not continuous.
[14:35] Yes yeah.
[14:37] OK well then if there
are no questions, I will.
[14:42] Well, first of all, is there
anyone else here to speak
[14:44] to this case for or against.
[14:48] Have we received any
written or telephone
[14:51] correspondence regarding this
case, sir No, we have not.
[14:54] OK, well, since there is
no additional information,
[14:58] I will entertain a motion.
[15:00] I'd like to make a
motion to move to approve
[15:04] the special exception
request for assembly
[15:07] use church per section 6 4
one of the zoning ordinance.
[15:14] Second I have a
motion and a second.
[15:18] Can I get a roll call
vote, please Mr. Barber,
[15:25] a Mr. Brown, a Mr.
Bianca I. Motion carries.
[15:31] Motion carries.
[15:31] Thank you all so much.
[15:32] Thank you.
[15:33] Thank you.
[15:36] Do we have any
other business that
[15:37] needs to be discussed tonight.
[15:39] Yes do you want to do it.
[15:41] No you go ahead.
[15:44] So planning staff will be
at a planning conference
[15:48] September 29 through October 1.
[15:50] And October 1 is the next
zoning board meeting.
[15:53] So we are going
to see if you all
[15:56] are available to move it to
the next Thursday, October 8.
[15:59] The applicant has already said
that they're fine with that.
[16:02] So you don't have
to decide tonight,
[16:04] but just let us know by email.
[16:08] That's it.
[16:10] All right.
[16:10] Thank you.
[16:11] All right.
[16:14] If there is no other business,
I will move that we adjourn.
[16:20] All right.
[16:22] Thank you.
[16:23] Scott thank you.
[16:24] Good night.
[16:26]