City rejects special land use for All Seasons II

By Mark H. Stowers

Birmingham City Commissioners unanimously rejected a request for a special land use permit (SLUP) for a ground floor business unit at All Seasons II at their meeting on Monday, August 12.

The senior living development, located at 111 Elm Street, requires a special land use permit in order to make a change to its site plans. The development requested a ground floor middle unit, 1,500 square feet, to be changed from a residential use to a business use.

The major issue outlined was the bonus height provision in the plan.

The proposed business originally agreed to pay $1.4 million into the parking fund and secure LEED certification. The monies were put in escrow to be used to add future additional parking facilities in the Triangle District, one of the city’s overall goals.

Planning director Nick Dupuis explained that All Seasons said it would like to change its zoning classification to a mix use building and stop paying into the city's parking fund. LEED certification is currently in process. In changing from residential to mixed use, it would trigger standards that didn’t previously apply. The applicants were seeking to modify architectural standards in the zoning ordinance.

The Birmingham Planning Board had recommended denying the requests in a 6 to 1 vote in their May 22 meeting. Dupuis said they had concerns about the commercial space and had questions about the bonus square footage given on the fourth and fifth floor. They didn’t feel the design intent met the requirements of the ordinance. Dupuis explained that the city commission has permission to grant an exception for All Seasons II under the modification clause in the Triangle District.

All Seasons II’s lawyer, Patrick Howe, replied to the city in a six-page email pointing out that All Seasons II is making “no other changes” proposed to the building other than the proposed changes to glazing and the awning on the building façade. He further stated the required 17 spaces for parking is already being met with 19 off-street parking spaces. His email furthered argued that, “The use will be compatible with adjacent uses of land, the natural environment and the capabilities of public services and facilities affected by the land use.”

Howe stated at the meeting, “we’re trying to change the building for the betterment of the city.”

Mark Abanathy represented architect Alexander V. Bogaerts & Associates P.C. to the commission. He said that market conditions caused the company to propose changes.

“We think it meets the spirit and intent and it will really activate the area,” Abernathy said. “We think the building is more attractive with this change.”

Sam Beznos, CEO of Beztak Companies who own All Seasons, noted it is not a typical request “but is the intent of the ordinance and is a viable option for the bonus height and special land use permit.”

City manager Jana Ecker and city attorney Mary Kucharek both stated they were against changing the SLUP. The city commission then voted on the motion to deny the request and it passed 6-0, with commissioner Andrew Haig absent from the meeting.