Emily Featherston
City Attorney Patrick Boone expressed his concern about the precedent that would have been set by the Council's approval of the conditional use.
The Vestavia Hills City Council voted unanimously Monday evening to deny a request for conditional use approval for the sublease of 1708 Carovel Circle to three unrelated individuals.
The property, owned by Albert Elmore IV, was discovered to be in violation of the R-2 zoning classification after a complaint came through in the summer of 2015.
The R-2 classification limits single-family residences to no more than one unrelated roommate, and City Clerk Rebecca Leavings explained that after the complaint was received, her office’s investigation was able to determine that multiple, unrelated men were living in the house.
Elmore, who along with his three roommates is a student at Samford University, purchased the house in 2014. The leases for the three additional occupants are contracted as lasting from May 2015 to May 2016.
Leavings said when Elmore was notified of the zoning violation he was not aware of the limit and began the process to request conditional use approval until the students graduate. The matter went before the Planning and Zoning Commission on Nov. 12, where the motion to recommend failed unanimously.
Residents of Carovel Circle spoke during the public hearing about their concerns with the property’s landscaping and upkeep, as well as their concerns that approval by the Council would lead to a breakdown in the street’s identity as a single-family neighborhood.
City Attorney Patrick Boone expressed his opinion that the council’s approval would in fact set a precedent, and that it would go against the city’s efforts in the past.
Leavings said Elmore would be officially informed of the Council’s decision, and the matter will be remanded to the municipal court. Depending on how Municipal Court Judge Tommy Spina rules, Elmore could possibly face a misdemeanor for the zoning violation.
Other Council Business:
- City Manage Jeff Downes announced that there has been a significant delay in the house-moving project on Dolly Ridge Road for the future Meadowland Park. Downes said if the moving company does not make progress by Monday, the city will move forward with seeking out demolition services.
- The Council voted to adopt the 2014 Jefferson County Multi-Hazard Mitigation Plan that will allow the city to apply for funding during times of emergency.
- The Council approved an alcohol license for the Chevron Vestavia Mart at 2544 Rocky Ridge Road.
- A resolution to adopt and implement the 2014-2015 employee classification survey of the personnel board of Jefferson County was approved.
- The Council voted to approve the City’s disclosure controls and procedures required by the Security and Exchange Commission.
- The Council voted to amend a resolution to complete the landscaping and construction at Hollis Crossing.
