[PAGE 1] CITY OF OPELIKA ZONING BOARD OF ADJUSTMENT REGULAR MEETING AGENDA 300 Martin Luther King Blvd. April 14, 2026 TIME: 9:00 AM A. APPROVAL OF MINUTES 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. 2. Ken Pylant III, authorized representative for Pyson, LLC, property owner, 519 S 7th Street and 708 Avenue E, 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. “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.” [PAGE 2] ZONING BOARD OF ADJUSTMENT MINUTES 300 Martin Luther King Blvd. February 10, 2026 TIME: 9:00 AM ELECTION OF ZONING BOARD OF ADJUSTMENT OFFICERS (Chair and Vice A. Chair) Mr. Mosley opened the nominations for Chair and Vice Chair. Mr. Anthony made a motion to re-appoint Mr. Payne as Chair and Mr. Hilyer as Vice Chair. Mr. Mosley closed the nominations. Ayes: Payne, Harvis, Hilyer, George, Anthony N ays: None B. APPROVAL OF MINUTES Approval of Planning Commission Minutes 9:00 am The City of Opelika Zoning Board of Adjustment held its regular monthly meeting on February 10, 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 Brandon Hilyer, Mrs. Raven Harris, Mr. Chris Anthony, Mrs. Angela George MEMBERS ABSENT: Mrs. Tipi Miller, Mrs. Micah Melnick STAFF PRESENT: Mr. Matt Mosley, Planning Director Mrs. Rachel Dennis, Planner Mrs. Dana Gafford, Planning and Zoning Technician CALL TO ORDER: Chair Lucinda Cannon called the meeting to order at 9:00 a.m. Approval of Zoning Board of Adjustment Minutes RESULT: Passed MOVER: Position 4 Raven Harvis SECONDER: Position 7 Chris Anthony AYES: Position 2 Hilyer, Position 4 Harvis, Position 5 George, Position 6 Payne, Position 7 Anthony NAYS: None ABSTAIN: None C. VARIANCE [PAGE 3] ZONING BOARD OF ADJUSTMENT MINUTES 300 Martin Luther King Blvd. February 10, 2026 TIME: 9:00 AM ELECTION OF ZONING BOARD OF ADJUSTMENT OFFICERS (Chair and Vice A. Chair) Mr. Mosley opened the nominations for Chair and Vice Chair. Mr. Anthony made a motion to re-appoint Mr. Payne as Chair and Mr. Hilyer as Vice Chair. Mr. Mosley closed the nominations. Ayes: Payne, Harvis, Hilyer, George, Anthony N ays: None B. APPROVAL OF MINUTES CALL TO ORDER: Chair Wilbert Payne called the meeting to order at 9:00 a.m. The City of Opelika Zoning Board of Adjustment held its regular monthly meeting on February 10, 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 Brandon Hilyer, Mrs. Raven Harris, Mr. Chris Anthony, Mrs. Angela George MEMBERS ABSENT: Mrs. Tipi Miller, Mrs. Micah Melnick STAFF PRESENT: Mr. Matt Mosley, Planning Director Mrs. Rachel Dennis, Planner Mrs. Dana Gafford, Planning and Zoning Technician Approval of Zoning Board of Adjustment Minutes RESULT: Passed MOVER: Position 4 Raven Harvis SECONDER: Position 7 Chris Anthony AYES: Position 2 Hilyer, Position 4 Harvis, Position 5 George, Position 6 Payne, Position 7 Anthony NAYS: None ABSTAIN: None [PAGE 4] C. VARIANCE 1. Roger Boyington, property owner, 1495 Bramble Lane, PUD zoning district (Planned Unit Development, Hidden Lakes), Requesting a 10-foot rear yard variance from the 25-foot minimum rear yard setback. Mr. Mosley presented the staff report to the Zoning Board of Adjustment, for the request by Roger Boyington, of a 10-foot setback variance from the 25-foot setback requirement at 1495 Bramble Lane. He stated that the applicant is requesting to add a 10 ft. x 45 ft. porch addition to the rear of the house. He noted that the property is an irregular-shaped lot at the end of a cul- de-sac. The rear property line consists of three angled lines that are not parallel to the rear wall of the house. Because of the unique shape of the property, a small section of the new structure would be 10 ft. closer to the rear property line than the required setback. Due to the shape, topography and the fact that the lot backs up to an amenity lot, the Planning Staff is recommending approval of a variance of 10 ft. to the required 25 ft. setback. Chair Payne opened the public hearing. Adam, Auburn Deck Company, explained the project and the reason for the variance request. Chair Payne closed the public hearing. Motion to approve the variances as presented. RESULT: Passed MOVER: Position 5 Angela George SECONDER: Position 4 Raven Harvis AYES: Position 2 Hilyer, Position 4 Harvis, Position 5 George, Position 6 Payne, Position 7 Anthony NAYS: None ABSTAIN: None 2. Flowers & White Engineering, authorized representative for Coye Yeager, property owner, 2118 Executive Park Drive, C-2 zoning district, Requesting a 20- foot rear yard setback variance from the 30-foot minimum rear yard setback. Mr. Mosley presented the staff report to the Zoning Board of Adjustment for a variance requested by Flowers and White Engineering representing Coye Yeager, property owner. He stated that the subject property, 2118 Executive Park Drive, is one of the last remaining lots in an industrial park built in the mid 80s. The original zoning was M-3, which did not require variances and resulted in smaller lot sizes than is typical. He pointed out that the Zoning Board has granted four variances in the past. The current C-2 zone requires setbacks which are 30 ft in the front and the back, and the applicant is requesting a 20 ft. variance. Based on the lot size and adjacent properties, the Planning Staff is recommending approval. Chair Payne opened the public hearing. Chris Tomlinson, 2218 Executive Park Drive: Stated that there is an existing water problem which floods the street and cul-de-sac, and has affected his property since 2019. It is a problem that the city is aware of, but hasn't been able to fix. He objects to the variance because the addition of more impermeable surfaces would increase the existing problem. Brad Flowers, authorized representative: Stated that this is a city problem and not that of the developer. The property owner should not be punished. Chair Payne closed the public hearing. [PAGE 5] Motion to approve the 20-foot rear yard setback variance from the 30-foot minimum rear yard setback. RESULT: Passed MOVER: Position 4 Raven Harvis SECONDER: Position 2 Brandon Hilyer DISCUSSION: Chair Payne: asked Mr. Mosley to explain what the Planning Staff looks at to arrive at a positive recommendation for a variance. Mr. Mosley: explained that the Planning Staff generally look at whether the new building would create a hardship for the adjacent property owners. He explained that because this was an older development under a different zoning ordinance, the buildings could be built very close to the next lot. New buildings fall under the current zoning ordinance which requires the larger setbacks. He explained that if a variance is granted, the building will be built as proposed, but without the variance, the building would need to abide by the current zoning setbacks, but the owner cannot be prevented from construction. Mrs. Harvis: Stated that the City is making infrastructure adjustments and inquired if this would be one of those areas. Mr. Mosley: Stated that he could make the suggestion to Engineering. Mr. Hilyer: Asked if the development was built out. Mr. Mosley: stated that this is the last vacant lot. Mr. Hilyer: Stated that the problem already exists, and this one lot will not c hange the current problem. AYES: Position 2 Hilyer, Position 4 Harvis, Position 5 George, Position 6 Payne, Position 7 Anthony NAYS: None ABSTAIN: None 3. Capps Family Partners, LTD, Gateway Drive, C-2 and R-1 zoning district, Requesting a 12.5% decrease from the minimum 2 parking spaces per dwelling unit requirement to a minimum of 1.75 parking spaces per dwelling unit. Mr. Mosley presented the staff report to the Zoning Board of Adjustment for the request by Marc McLaughlin, representing Capps Family Partners LTD, for a parking variance. He stated that the applicant is proposing to reduce 53 parking spaces from a proposed 252 apartment unit complex. Mr. Mosley explained that the current requirements for parking are two spaces per unit. However, the current rental housing trend in the Alabama multifamily residential units is 49% one-person households, while current requirements are for two cars per unit. The applicant is requesting to reduce parking to 1.75 spaces per unit, which would still allow for extra parking. Chair Payne opened the public hearing. Mr. McClaughlin, Development Director with Continental Properties: Spoke about the project and the methodology that was used for the parking plan. Chair Payne closed the public hearing. [PAGE 6] RESULT: Passed MOVER: Position 2 Brandon Hilyer SECONDER: Position 7 Chris Anthony AYES: Position 2 Hilyer, Position 4 Harvis, Position 5 George, Position 6 Payne, Position 7 Anthony NAYS: None ABSTAIN: None D. ADJOURN Motion to Adjourn at 9:44 am RESULT: Passed MOVER: Position 2 Brandon Hilyer SECONDER: Position 4 Raven Harvis AYES: Position 2 Hilyer, Position 4 Harvis, Position 5 George, Position 6 Payne, Position 7 Anthony NAYS: None ABSTAIN: None ___________________________________ Chair Wilbert Payne ___________________________________Matt Mosley [PAGE 7] Agenda Item B-1 Mable Jones 305 Ballard Avenue [PAGE 11] CITY OF OPELIKA - BZA STAFF REPORT April 14, 2026 Applicant: Mable Jones Property: 305 Ballard Avenue Existing Zone: R-3 (medium density residential) Request: A 2.4% variance increase to exceed the 40% maximum size allowed for accessory structures to 42.4% (or from 550 square feet to 584 sf). Proposal The applicant is requesting a variance to install a 12x32 (384 sf) accessory structure. An existing 10x20 accessory structure is currently in the rear yard. The Zoning Ordinance states in Section 8.11 Accessory Structures for Residential Dwellings, “… the total square footage of all the accessory structures combined shall be limited to forty percent (40%) of the principal dwelling unit [the heated/cooled area of a home]. The purpose of the maximum 40% requirement is to preserve open space between adjacent residential property owners to maintain a residential neighborhood character. At one time before the ordinance was adopted property owners would frequently call the City about neighbor’s yard overrun by accessory structures. The 40% restriction was adopted. The existing 10x20 structure and proposed 12x32 accessory structures equal 584 square feet (sf). The home is 1,375 square feet; 40% of the home size is 550 square feet so 550 sf is the maximum square footage allowed for accessory structures. The applicant is requesting approval for a 2.4% variance increase from the 40% maximum allowed to install a 12x32 accessory building. 2.4% increase equals a 34 square foot variance. The applicant said her request for the accessory structure is to storage for her belongings. She said that her house is small at 1,375 square feet but also has limited closet or storage space. Currently, she stores many items under an open 25’x 28’ carport cover (with no exterior walls) that is attached to the house. The existing 10x20 structure in rear yard is used for storage, and she also rents space from an off-site self-storage business. Instead of the renting another self-storage rental space, she purchased the 12x32 structure for storage on her property. The applicant desires to consolidate her belongings on her own property, eliminate monthly rental fees and provide better protection for her belongings than storing them in an open carport. From the Zoning Ordinance, there is no unique "hardship" based on the physical land which is the standard to approve a variance. The 40% limit exists to preserve the residential character of Page 1 of 2 [PAGE 12] the neighborhood by preventing rear yards from becoming overcrowded with buildings. The 40% structure limit ensures that neighbors are not looking at the backside of buildings when they enter their rear yard. Recommendation Some reasons for approval of the variance are the 1,375-sf house lacks adequate storage with only a few closets that are small storage areas. Also, the 12x32 will be used to store most of the boxes that are stored outside under her open carport and on the front porch. The 12x32 will allow these items to be moved and the carport used to park her car. The applicant’s primary goal is to consolidate her belongings in the two accessory structures and eliminate the monthly self-storage rental fee. The applicant has purchased the 12x32 but the structure has not been delivered to the applicant’s home. Some reasons to deny the request is the "hardship" is self-created and based on the applicant’s storage needs. That is, there are no hardships based on the lot shape and lot elevations. The lot is a rectangle shape not irregular, and the rear yard elevations are level. (Planning suggested to construct walls around the existing open carport to convert the open carport into a storage room addition.) The applicant mentioned that other properties near her property have several accessory structures that probably exceed 40% of the home size. If the accessory structures were installed before the 40% limit was approved then the accessory structures are grandfathered and may exist as legal nonconforming structures if they exceed 40% of the home size.. 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. Page 2 of 2 [PAGE 15] Agenda Item B-2 Ken Pylant III, (Pyson, LLC) th 519 S. 7 Street and 708 Avenue E [PAGE 21] CITY OF OPELIKA - BZA STAFF REPORT April 14, 2026 Applicant: Ken Pylant, III, representing Pyson, LLC. Property: 519 S 7th Street and 708 Avenue E Existing Zone: C-2 Request: 1. Requesting a 20-foot front yard variance from the 30 foot front yard setback requirement 2. Requesting a 15-foot front yard variance from the 25 foot side yard on street setback requirement 3. Requesting a 20-foot front yard variance from the 30 rear front yard setback requirement Proposal The applicant is requesting multiple setback variance request for a proposed townhome project at the corner of Avenue E and South 7th Street. The applicant previously received approval from the Opelika Planning Commission for 16 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 E. 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. 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 E, the applicant is showing a 10-foot setback. Staff believes that this setback is generally consistent with the building on the adjacent blocks. This would need to be reviewed by the HPC. Setbacks for historic properties are an item of review for our upcoming zoning ordinance update. Residential projects in the C-2 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 on 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. The variances should be slightly less because the actual setbacks are less than shown. The variance should be tied to this general site plan. Page 1 of 2 [PAGE 22] 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 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 [PAGE 24] WM ) W / R ' 0 6 ( T E WM E R T S h t 7 H T U O S WM WM WM WM W W W W M M M M AVENUE E NO PARKING ETIS DESOPORP E EUNEVA & TEERTS HT7 AMABALA ,AKILEPO PROPOSED SITE PLAN 1 23863 LA ,NRUBUA ,DAOR YLREBMIW 1583 8845-023-433 :ENOHP PROJECT NOTES: REFERENCE: