General

CITY OF OPELIKA ZONING BOARD OF ADJUSTMENT REGULAR MEETING AGENDA 300 Martin Luther King Blvd. July 14, 2026 TIME: 9:00 AM A. APPROVAL OF MINUTES B. VARIANCE 1. Lee Tharp, Kadre Engineering, authorized representative for The Parmer Group, LLC property owner, 300 S 7th Street, C-2 zoning district, (R-5 standards apply for residential developments in commercial zones). Requesting three setback variances: (1) Requesting a 15' front yard setback variance from the minimum 25' front yard setback requirement, (2) requesting a 10' side yard on street setback variance from the minimum 20' side yard on street setback requirement (3) requesting a 3' side yard setback variance from the minimum 10' side yard setback requirement. (Item carried over from June meeting due to lack of quorum.) 2. Richard Hayley, Hayley Investments LLC, property owner, 500 Avenue A, C-2 zoning district (R-5 standards apply for residential developments in commercial zones). Requesting three variances: (1) requesting a 53 square foot lot size variance from the minimum 7,500 sf lot size requirement, (2) requesting a 15 foot front yard setback variance from the minimum 30-foot front yard setback, (3) requesting a 10 foot side yard on street setback variance from the minimum 20' side yard on street setback. (Item carried over from June meeting due to lack of quorum.) “In compliance with the Americans with Disabilities Act, the City of Opelika will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the ADA Coordinator 72 hours prior to the meeting at (334)705-5130.”  ZONING BOARD OF ADJUSTMENT MINUTES 300 Martin Luther King Blvd. April 14, 2026 TIME: 9:00 AM A. APPROVAL OF MINUTES The City of Opelika Zoning Board of Adjustment held its regular monthly meeting April 14, 2026 in the Meeting Chambers, located at the Opelika Municipal Court. Certified letters have been mailed to all adjacent property owners for related issues. MEMBERS PRESENT: Chair Wilbert Payne, Vice Chair Tipi Miller, Mrs. Raven Harvis, Mr. Brandon Hilyer, Mr. Chris Anthony MEMBERS ABSENT: Mrs. Micah Melnick, Mrs. Angela George STAFF PRESENT: Mr. Matt Mosley, Planning Director Mrs. Rachel Dennis, Planner Mrs. Dana Gafford, Planning and Zoning Technician CALL TO ORDER: Chair Wilbert Payne called the meeting to order at 3:00 p.m. Approval of Zoning Board of Adjustment Minutes February 10, 2026 RESULT: Passed MOVER: Position 7 Chris Anthony SECONDER: Position 2 Brandon Hilyer AYES: Position 1 Miller, Position 2 Hilyer, Position 4 Harvis, Position 6 Payne, Position 7 Anthony NAYS: None ABSTAIN: None B. VARIANCE 1. Mable Jones, 305 Ballard Avenue, R-3 zoning district, Requesting to exceed the maximum 40% square footage allowed for accessory structures on a residential lot. Mr. Mosley presented the staff report to the Zoning Board of Adjustment for a variance request by Mable Jones, property owner, 305 Ballard Avenue. He stated that the request is for a 2.4% variance increase to exceed the 40% maximum size allowed for accessory structures to 42.4%. The applicant has an existing 10 x 20 structure in the rear yard and would like to install an additional 12 x 32 accessory structure to store items that are currently being stored under a carport cover. The home is 1,375 sf. The 40% of the principal dwelling unit would be 550 sf. The existing and proposed buildings would be 584 sf. Staff does not have a strong recommendation on this variance request and respects the Zoning Board’s final decision. A 2.4% increase or an additional 34 square feet of accessory structure over the 40% limit could be considered minimal. Chair Payne opened the public hearing. Laura Doolittle, sister of the applicant, stated that she and Mable Jones have lived in the house for 30 years, have completed a remodel and are storing extra items under the carport cover. The accessory building will allow them to store those items and use the carport cover for parking again. Chair Payne closed the public hearing. Approve a 2.4% variance increase to exceed 40% maximum size allowed for accessory structure to 42.4% RESULT: Passed MOVER: Position 2 Brandon Hilyer SECONDER: Position 4 Raven Harvis DISCUSSION: Chair Payne inquired about the neighbors' objections. Mr. Mosley stated that there have been no complaints from neighbors. AYES: Position 1 Miller, Position 2 Hilyer, Position 4 Harvis, Position 6 Payne, Position 7 Anthony NAYS: None ABSTAIN: None 2. Ken Pylant III, authorized representative for Pyson, LLC, property owner, C-2 zoning district, Requesting front, side, and rear yard setback variances from the minimum setbacks in a C-2 zoning district so proposed buildings will align with adjacent buildings. Mr. Mosley presented the staff report to the Zoning Board of Adjustment for a request made by Ken Pylant III representing Pyson, LLC, for setback variances at 519 S. 7th Street and 708 Avenue E. He stated that the applicant previously received approval from Opelika Planning Commission for 16 units in four buildings. These buildings face multiple streets: S. 7th Street and Avenue E. Residential projects in the C-2 zone are required to meet the R-5 standards. This technically moves the front setback from 30 to 25 feet, the rear from 30 to 20 feet, and the side of the street from 25 to 20 feet. This reduces the needed variance between 5– 10 feet for each request. Based on the historic setbacks in this area, staff believes the proposed setbacks are appropriate. Recommendation Staff believes that this request would allow the development to be more in character with the existing neighborhood. Staff recommends approval of the proposed variances based on the site plan presented. If granted by the Zoning Board of Adjustment, the use would still require Historic Preservation Commission approval for the structures. Additionally, staff recommends the variances be conditioned to this site plan. Chair Payne opened the public hearing. No comments. Chair Payne closed the public hearing. Motion to approve the variance as written RESULT: Passed MOVER: Position 2 Brandon Hilyer SECONDER: Position 7 Chris Anthony DISCUSSION: Mrs. Miller inquired about height restrictions in the area. Mr. Mosley stated that staff looked at what is comparable to other structures in the area, but ultimately Historic Perseveration has the final word. Mrs. Miller asked about how many parking spots per unit in the proposal. Mr. Mosley stated that two parking spots are required for residential units. This proposal would have four spaces per unit. Additionally, on-street parking is being considered. AYES: Position 1 Miller, Position 2 Hilyer, Position 4 Harvis, Position 6 Payne, Position 7 Anthony NAYS: None ABSTAIN: None C. ADJOURN Motion to adjourn at 9:19 a.m. RESULT: Passed MOVER: Position 1 Tipi Miller SECONDER: Position 4 Raven Harvis AYES: Position 1 Miller, Position 2 Hilyer, Position 4 Harvis, Position 6 Payne, Position 7 Anthony NAYS: None ABSTAIN: None ___________________________________Chairman Wilbert Payne ___________________________________Matt Mosley  Agenda Item B-1 The Parmer Group, LLC 300 S. 7th Street  CITY OF OPELIKA - BZA STAFF REPORT July 14, 2026 Applicant: Lee Tharp, Kadre Engineering, representing The Parmer Group, LLC. Property: 300 S 7th Street and Avenue C Existing Zone: C-2 Request: 1. Requesting a 15-foot front yard variance from the 25 foot front yard setback requirement 2. Requesting a 10-foot front yard variance from the 20 foot side yard on street setback requirement 3. Requesting a 3-foot side yard variance from the 10 side yard setback requirement Proposal The applicant is requesting multiple setback variance request for a proposed townhome project at the corner of Avenue C and South 7th Street. The applicant previously received approval from the Opelika Planning Commission for 20 units in four buildings. The properties are located in the Southside Geneva Historic District and subject to final approval by the HPC. The buildings are designed to face towards South 7th Street and Avenue C. Buildings in the historic district require Historic Preservation Commission review. While the HPC looks at architecture, materials, and style, they also review setback, podium, form, and height. The buildings in the district rarely meet the C-2 setback standards. Residential projects in the C-2 are required to meet the R-5 standards. Along this block and the one below, the street setbacks range from 0 to approximately 25 feet. In most cases they are between 7-12 feet from the property line. These buildings face multiple streets. Along S. 7th and Avenue C, the applicant is showing a 10-foot setback. Setbacks for historic properties are an item of review for our upcoming zoning ordinance update. Based on the historic setbacks in this area, staff believes the proposed setbacks are appropriate. The variance should be tied to this general site plan. Recommendation Staff believes that this request would allow the development to be more in character to the existing neighborhood. Staff recommends approval of the proposed variances based on the site Page 1 of 2 plan presented. If granted by the ZBA, the use would still require Historic Preservation Commission approval for the structures. Additionally, staff recommends the variances be conditioned to this site plan. Page 2 of 2  Agenda Item B-2 Richard Hayley, Hayley Investments, LLC 500 Avenue A  CITY OF OPELIKA - BZA STAFF REPORT July 14, 2026 Applicant Haley Investments LLC Precision Surveying, Representative Property 500 Avenue A Existing Zone C-2 (office-retail) used for residential, apply R-5 standards Request Requesting a 88 square foot lot area variance and 19 square foot lot area variance from the minimum 7,500 sf lot area requirement. Requesting a 15 foot variance from the minimum 25 foot front yard setback requirement and a 20 foot side yard on street variance from the 10 foot side yard on street setback requirement. Proposal The applicant (property owner) purchased the property with one single-family home that has been removed. The property is in a C-2 zoning district to be subdivided into two lots. When a C-2 zone property is used for residential use, the R-5 zoning standards apply. The lots are shown as divided in an attached drawing. The lot sizes will need area variances of 88 square feet on Lot 2-B-1 and 19 square feet on Lot 2-B-2 to continue the subdivision process and meet the minimum lot size of 7,500 square feet. Historic maps and Lee County show the overall parent lot at 100 x 150 feet. This would allow two lots meeting the minimum requirement. After a survey was performed, the actual boundaries are between 98 and 99 feet, which creates the small difference. A review of the lots in the area shows adjacent lots between 4,500 and 18,000 square feet. The difference between the proposed lots and the allowed lot configuration in the Zoning Ordinance is negligible. The applicant has also requested a 15’ front setback variance for both lots and a 10’ side yard on street setback variance for Lot 2-B-2. The subject property is in an older residential and commercial mixed area that is zoned C-2 and across S 5th Street is R-4. This area seems to be redeveloping in recent years. Many of the homes along Avenue A in the neighboring blocks are built nearly on the front property line or a few feet away from the front property line. If new dwellings are constructed, this might be an affordable housing opportunity. The new construction will likely have a positive impact on homes in this neighborhood. A review of setbacks for the existing single-family homes along Avenue A from S 6th Street to Brannon Avenue in this neighborhood provides that 19 of 23 homes do not meet the current Page 1 of 2 minimum setback 1 in at least one yard. For example, 19 homes do not meet the minimum 25- foot front setback; the homes are setback between 0 feet and 20 feet, approximately. These homes were most likely built when there were no minimum setback requirements or homes were setback according to general guidelines. The homes are legal non-conforming concerning minimum setbacks. Recommendation As stated in this report, most of the existing homes are nonconforming concerning setbacks, and many lots are nonconforming in lot width. Staff does not believe approving the variance request would affect the character of the neighborhood or have a special impact on the neighborhood. The proposed home would probably be more in harmony with the neighborhood if the variance request were approved and provide an affordable housing opportunity. Staff recommends approval for a 15 foot variance from the minimum 25 foot front yard setback requirement and a 20 foot side yard on street variance from the 10 foot side yard on street setback requirement. There is no hardship in this variance request based on the lot’s physical characteristics, such as a triangular lot, severe slopes, or water features. However, decreasing the lot area by 88 square feet and 19 square feet from the minimum 7,500 sf requirement to 7,412 and 7,481 sf is minor, unnoticeable, and should not be a disadvantage or harm to the adjacent properties. Staff recommends an 88 and 19 square foot lot area variance for two lots from the minimum 7,500 square foot lot size requirement. Staff does recommend that the lots be compatible with the historic home configurations in this area including roof pitch and style, similar materials, and other features. Additionally, each lot should have distinct architectural features, designs, or embellishments so that the two homes are not mirror images of each other. 1 R-5 minimum setbacks: Front yard = 25’, Side = 1’, Rear = 20’, Side Yard on Street = 20’ Page 2 of 2