Commission denies Lillian Acres flag-width variance; applicants withdraw subdivision

The Baldwin County Planning & Zoning Commission denied a subdivision variance for a proposed Lillian Acres flag lot and subsequently accepted the applicants’ withdrawal of the related subdivision application at its Nov. 6 meeting.

The decision: The commission voted to deny SV25-20, a variance requesting a 30-foot flag width in place of the current 60-foot requirement in the county subdivision regulations. Commissioner Michael Mullick moved to deny the variance; Commissioner Baez seconded. The motion passed on a voice vote recorded as “aye.” After the variance denial, the owners withdrew the subdivision application SC25-44 and the commission voted to accept the withdrawal.

Why it mattered: Applicants Cathy Goode and family described a sequence of events they said created hardship: they purchased the property in December 2023, installed a septic system and well, and encountered health and contractor delays that prevented earlier platting under the prior 30-foot standard. They argued the timing of a regulatory change (increase to a 60-foot flag width) left their septic and slab in conflict with the new standard.

Opposition and commission reasoning: Nearby landowner Richard Warner spoke in opposition, expressing broader concern about repeated parcel splitting in Baldwin County. Staff and commissioners noted that Article 8 hardship criteria (which excludes self-imposed hardships and financial inconvenience) guide variance decisions. Staff stated that the change to the 60-foot standard was intended to address access issues on county roads and that a 30-foot strip across the full distance off the roadway is generally insufficient.

Procedural outcome and options for applicants: Staff explained that if the variance is denied and the applicants do not withdraw the subdivision application, they will face a four-month waiting period before reapplying; applicants may instead revise the plat to meet the 60-foot requirement or withdraw and resubmit a revised plan immediately. The applicants chose to withdraw SC25-44, and the commission accepted that withdrawal by motion and vote.

Ending: The commission’s denial and the subsequent withdrawal close this specific application for now. Staff advised the applicants on options: revise the plat to meet the 60-foot standard, restructure lot lines, pursue deed restrictions to control future driveway placement, or resubmit a revised application per the county’s rules.