Dyer v. Board of Zoning Adjustment & Appeals

BRADLEY, Judge.

The appellant here, Thomas E. Dyer, applied to the City of Fairhope for a building permit so that he might erect a service station on a portion of land that he owned in the northeast section of Fairhope, Alabama.

The property on which the building permit was sought was located in an area .zoned for residential purposes.

The permit applied for was denied on the basis that the property was zoned for ■residential purposes, and Mr. Dyer applied to the Board of Zoning Adjustment and Appeals for a “use variance” as is permitted under certain circumstances by the master zoning ordinance…