CANCELED: 10/3/2019 BZA Meeting

At the advice of the City Attorney, the meeting initially anticipated for October 3, 2019, has been canceled. Per our attorney, “this is based upon a review of a [1990] Alabama Supreme Court ruling which clearly suggest that the request as presented cannot be considered an accessory use since an accessory use must be located on the same lot as the building to which it is accessorized”. In September, the Bayside Foundation submitted to the Daphne Board of Zoning Adjustment requests for Special Exception. According to the Daphne Land Use and Development Ordinance, Article 35, Table of Permitted Uses, “Schools, public and/or private, elementary and/or secondary meeting the requirements of the education laws of the State of Alabama” are permissible if a Special Exception is approved by the Board of Zoning Adjustment. The applications included 306 Dryer Avenue and Lot 2 of the Toulmin Subdivision, a contiguous parcel located west of the intersection of Old County Road and Dryer Avenue. The applications stated, “We are intending to build a parking lot on the property. This parking lot will serve as overflow parking for Bayside Academy. This will help serve the campus and its parking lot directly across the street.” Ads were published in the newspaper; however, the applications were never formally placed on the BZA meeting agenda, nor were public hearing notices posted on site nor in city hall. As the Board of Zoning Adjustment has no business to attend to, there is no need to hold a meeting.