File photo.
This photo shows Central Avenue, home to Central Avenue Dentistry and a potential forthcoming development by Alabama Power.
The Homewood City Council on Dec. 19 again tabled the issue of whether to vacate the right of way adjacent to Central Avenue Dentistry.
An attorney for the Maniscalcos, who own the dental office, said they wanted to wait until more information is known about the potential development of adjacent property at 1707 Reese St. That property is being developed by Len Shannon of Shannon Waltchack on behalf of Alabama Power. The Maniscalcos have indicated they would, upon the city vacating the right of way to the alley, be willing to sell an easement to the developers to use for access to their development.
While it is Shannon’s desire to see a restaurant on the property, among other tenants, that has not been decided, said Mark Gonzalez with Gonzalez, Strength and Associates, representing Shannon, who was out of the country at the Dec. 19 meeting.
For several months, the parties have gone back and forth trying to reach an agreement, with the Maniscalcos wanting the city to vacate the right of way, allowing them to use a small road for parking, which was previously done by the past owner.
However, Shannon has said if that alley is used for parking, it would hinder access to his development. There is a plan for 20 parking spaces at that development as well, including at least one parking spot for disabled people.
While the council voted to allow work to begin in the right of way next to the Reese Street development, with abstentions by Council President Alex Wyatt and Councilors John Hardin and Carlos Aleman, the vacation of right of way was again sent to the special issues committee, which will take it up in early January.
At the Dec. 12 City Council meeting, the council also made changes to the city’s tree ordinance. Those changes center on certain exemptions from the city’s requirement to plant trees for certain developments and renovations. Councilor Jennifer Andress said the ordinance as written unintentionally goes too far, causing those doing smaller projects to worry about tree planting and replacement.
The changes exempt projects that involve building alterations on less than 50% of the total square footage of the area or exterior site improvements less than $5,000. It also allows those required by the city to plant trees to instead pay a $750 payment per tree into the city’s tree replacement fund.
The changes also create a definition of artificial turf and state that if a detailed engineering description is submitted and approved by the city engineer, artificial turf will not be considered an accessory structure. There is a 30% limit to backyard accessory structures, with anything over that requiring an appearance before the Board of Zoning Adjustments, City Engineer Cale Smith said. This move would eliminate some of those cases that appear before the board each month.
January council meetings are set for Jan. 9 and 30. Committee meetings previously scheduled for Jan. 2 have been moved to Jan. 3 due to Jan. 2 being a city holiday.
In other business in December and late November, the council:
Authorized Mayor Patrick McClusky to sign a document with Spectrum for the Alerus employer-sponsored voluntary retirement savings plan
Added monthly utility service to the classroom building at Fire Station 3
Agreed to pay fiscal 2023 appropriations to the Bell Center in the amount of $5,000, $50,000 to The Exceptional Foundation, $70,000 to the Homewood Chamber of Commerce and $10,000 to the Birmingham Zoo
Approved a request to work within the right of way at 1501 Roseland Drive to remove a pine tree
Approved a request for permission to work within the rights of way at 2510 18th St. S. and 1722 28th Ave. S.
Approved a front yard fence variance for a forthcoming coffee shop at 1625 Oxmoor Road
Approved a front yard fence variance at 1714 Ridge Road
Denied a sign variance request for the new Ace Hardware at 320 Oxmoor Road
Declared an old Chevy Tahoe as surplus
Approved various sign and fence ordinances
Set a public hearing for Jan. 20 to consider the rezoning of 3101 Overton Drive from a neighborhood preservation district to a district for attached family dwellings
Approved a change order to the stormwater improvement project at College Avenue to reflect the need to relocate both a water line and utility line. The project remained within the budgeted amount of $750,000.
