FAIRHOPE — A popular local event space in Point Clear has been given until May 5 to present a plan of action before the Baldwin County Planning and Zoning Commission in order to bring the business in compliance with the county's regulations.

The action was taken following a three-hour-long special meeting on Tuesday, March 22 at the Baldwin County Satellite Courthouse in Fairhope to discuss violations of the Zoning Ordinance on the Niemeyer Property, also known as Little Point Clear.

The property, which was purchased by Patricia Niemeyer in 2015, is located in Planning District 26, one of the first districts to approve zoning in Baldwin County, said Planning Director Matthew Brown, and is designated as a "country club" as an allowable conditional use, which is also known as an event venue.

The business is also part of the Point Clear/Battles Wharf Historic District, Brown said, and is subject to that body's rules and regulations.

Brown presented a timeline on the property beginning with the purchase of the property by Patricia Niemeyer in June of 2015 stating that the property was previously utilized as residential apartments and "some form of event or office space."

Renovations on the property began later that month and the property was issued a conditional use permit in August of 2015.
Several adjustments were made on the property leading up to September of 2021, when several complaints were received on the property, regarding the building of decks in violation of the ordinance and issues with parking, including parking within the county right-of-way.

"Several complaints were issued via text and emails between September of 2021 and February of 2022," Brown said. "In response to the complaints we inspected the property and found seven violations that needed to be addressed."

Among those violations included:

• The construction of a rear deck on the property which was approximately two feet beyond the required width of 10 feet and the construction of a south deck which was in violation of the conditional use.
•  Failure to maintain required off-street 11 parking spaces meeting the design standards of the ordinance, specifically two spaces which failed to meet the nine-foot requirement.
• Failure to permanently reserve required off-street parking spaces. Tents were being set up in the parking space over the weekend for use in events.
• Failure to provide safe access to required parking.
• Failure to provide to the planning director proof of agreement for off-site parking. The property owners stated that an agreement was made with an adjacent property owner for use as off-site parking.
• Failure to obtain proper permits for canopies/awnings and fences. Brown and commission members acknowledged that several of the awnings were retractable which would be allowed under the current use agreement.
•  Increased intensity of event venue use. Several events included more than the minimum 125-person limit.

The staff recommended that the Planning Commission require the applicant to complete the following in order to bring the business in compliance with the violations:

• Remove illegal portion of rear deck and illegal south deck.
• Provide a survey from a licensed Alabama professional surveyor documenting that the 11 required parking spaces are outside of the county right-of-way and meet the dimensional requirements of the zoning ordinance.
• Install parking bumpers or similar features to clearly mark each of the required parking spaces.
• Provide a parking plan signed and sealed by an Alabama professional engineer certifying that all 11 parking spaces can be safely accessed for vehicular parking.
• Provide a signed letter to the planning director declaring:
• That the 11 required parking spaces will be permanently reserved for vehicular parking and will not be utilized as event space.
• That events will be limited to 125 attendees.
• Provide the planning director with proof of agreement for off-site parking.
• Remove unapproved canopies, awnings and fences.

Business owners, Patricia Niemeyer Littleton and her husband, Rob Littleton, along with their attorney, Richard Davis, addressed the issues before the Commission, stating that most of the requirements could be addressed in short order, while some required more time to come up with a compromise solution.

"Whatever you need us to do we will do," said Niemeyer Littleton. "We just need more time to address these issues."

Several residents also spoke on behalf of Little Point Clear and its owners, including clients, neighbors and business partners.

"They are a vital part of the community," said one resident. "And we are asking that they not be shut down over the deck being a matter of inches too wide or a few parking spaces."

Neighbor Art Dyess, a former County Planning and Zoning Commission and a current member of the Fairhope Planning and Zoning Commission, also spoke during the public hearing, along with his attorney, Michael Linder.

"This is not a popularity contest," Dyess said. "This is a public safety issue and serious violations that need to be addressed. I will do whatever it takes to protect the safety of my family."

The commission voted unanimously to give the property owners until its May 5 meeting to provide solutions to the violations, at which time the commission whether to accept the plans and decide on how much time would be needed for the owners to make the necessary changes.

"I've heard a lot of people saying they don't want us to shut down the business," said Planning Commission Chairman Steve Pumphrey. "We are not looking to shut anyone down here. We are looking to providing solutions that we hope all parties will be able to work with."