Meeting Type: BCC Regular Meeting
Meeting Date: 7/18/2023
Item Status: New
From: Matthew Brown, Planning Director
Submitted by: Crystal Bates, Planning Technician II
______________________________________________________________________
ITEM TITLE
Title
Baldwin County Commission Board of Adjustment #1 - Board Appointment(s)
End
STAFF RECOMMENDATION
Recommendation
Related to the Baldwin County Commission Board of Adjustment #1, take the following actions:
1) Accept the resignation of Ms. Elizabeth Wilson effective June 28, 2023, and thank her for her prior civic service as an alternate member (Planning District 37 Designee); and
2) Appoint Mr. Doug Ward as a regular member (Planning District 39 Designee) for a pro-rata reduced three (3) year term, to fill the place seat for new Planning District 39, said term commencing July 18, 2023, and expiring March 16, 2026; and
3) Appoint Ms. Haley Gregorius as an alternate member (Planning District 39 Designee) for a pro-rata reduced three (3) year term to fill the place seat for new Planning District 39, said term commencing July 18, 2023 and expiring March 16, 2026.
3.
BACKGROUND INFORMATION
Background: Planning staff has verified that these appointments meet the qualifications to be appointed to the Baldwin County Commission Board of Adjustment #1.
An election was held on February 7, 2023, to determine whether or not Planning and Zoning District 39 should come under the Planning and Zoning jurisdiction of the Baldwin County Commission. In the election, 437 “yes” votes and 306 “no” votes were cast bringing Planning and Zoning District 39 under the planning and zoning jurisdiction of the Baldwin County Commission. On February 14, 2023, the Honorable Harry D’Olive, Jr., Judge of Probate, certified the results of the election.
Establishment: The Baldwin County Commission shall appoint two boards of adjustment, and the regulations and ordinances adopted pursuant to the authority of this subpart shall provide that the boards of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, may make special exceptions to the terms of the ordinances and regulations in harmony with their general purposes and interests and in accordance with general or specific rules therein contained.
Geographic Boundaries: Board of Adjustment Number One shall serve western, central, and northern Baldwin County and shall include Planning Districts 4, 8, 10, 12, 15, 16, 19, 26, 28, 31, and 37. Board of Adjustment Number Two shall serve southern Baldwin County and shall include Planning Districts 20, 21, 22, 23, 24, 25, 29, 30, 32, and 33. If the majority of qualified electors voting in an election in a territory that is not in a planning district on August 1, 2020, vote to come within the planning and zoning authority and jurisdiction of the Baldwin County Commission in accordance with Section 45-2- 261.07, the new planning district shall be under the jurisdiction of the board of adjustment with the closest geographic relationship. Each board of adjustment shall consist of one regular member from each planning district. Each member of a board of adjustment shall be a qualified elector of a planning district within the territory of the respective board of adjustment. Not more than one member of a board of adjustment shall be directly engaged in real estate sales, development, or construction or any directly related field. Each regular member shall be appointed for a term of three years in such a manner to serve staggered terms. A regular member shall continue service until a successor is duly appointed. The members of each board of adjustment shall elect a chair.
Composition: In addition to the regular members provided for in this section, the Baldwin County Commission shall appoint alternate members to serve on each board of adjustment. The number of alternate members on each board of adjustment shall be not less than two nor more than the number of regular members on each board. Alternate members may serve in the absence of any regular member and while serving he or she shall have and exercise the authority of a regular member. The alternate member shall have the same qualifications as a regular member and shall be appointed for three terms.
Qualifications: Members of each board of adjustment may be removed for cause by the Baldwin County Commission upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Each board of adjustment shall adopt bylaws in accordance with any ordinance or regulation adopted pursuant to this subpart. Meetings of each board of adjustment shall be held at the call of the chair of the board and at such other times as each board may determine, provided that no board of adjustment shall meet less than once every three months on a day to be determined by the board. The chair or, in his or her absence, the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the boards of adjustment shall be open to the public. Each board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and of other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.
Previous Commission action/date: 04/04/2023 - Last BCC board appointment.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
N/A
Reviewed/approved by: N/A
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Administration
Action required (list contact persons/addresses if documents are to be mailed or emailed): Administration send correspondence as follows:
Thank you letter to:
Ms. Elizabeth Wilson
11982B County Road 48
Fairhope, Alabama 36532
Appointment letters to:
Mr. Doug C Ward
16925 State Hwy 181
Fairhope, Alabama 36532
Ms. Haley Gregorius
12255 Myrtle Street
Fairhope, Alabama 36532
Additional instructions/notes: Administration-update board list, add PD 39 to header, and upload to BCAP, Send notification email.