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1806 June 26 SP MTGPlanning & Development Department 102 West Main Street  Prattville, Alabama 36067  334- 595- 0500  334-361-3677 Facsimile p l anning.prattvilleal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A Special Meeting June 26, 2018 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Crosby, and Mrs. Jerry Schannep. Minutes: May 8, 2018 Old Business: None New Business: 1. 180626SP-01 USE-ON-APPEAL: To allow a home child day care use on property. 111 Old Prestwick Court R-3 Zoning District (Single Family Residential) Shelby S. Griffiths, Petitioner District 3/4 2. 180626SP-02 USE-ON-APPEAL: To allow a home child day care use on property. 1848 Seasons Drive R-3 Zoning District (Single Family Residential) Deidra Bowman Surles, Petitioner District 5 3. 180626SP-03 VARIANCE: To allow an accessory structure in the side yard. 202 Hickory Lane R-2 Zoning District (Single Family Residential) Robin Dennis, Petitioner District 3 Miscellaneous: Adjourn Approved 8/14/18 Prattville Board of Zoning Adjustment June 26, 2018 Minutes (Special Meeting) Page 1 of 4 City of Prattville Board of Zoning Adjustment Minutes Special Meeting June 26, 2018 CALL TO ORDER: The special meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 3:57 p.m. on Tuesday, June 26, 2018. ROLL CALL: Present: Chairman Leo Jamieson, Mr. Jerry Crosby, and Mrs. Jerry Schannep. Absent: Vice-Chairman James Miles. Also present was alternate member Mr. Neal Parker and Battalion Chief Whaley. Quorum Present Staff present: Mr. Joel Duke, City Planner and Ms. Alisa Morgan, Secretary. Chairman Jamieson stated the governing rules for the Prattville Board of Zoning Adjustment according to the Code of Alabama, 1975 and the procedure of the meeting. MINUTES: Mr. Parker moved to approve the minutes of the May 8, 2018 meeting. Mr. Crosby seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: USE-ON-APPEAL To allow a home child day care use on property. 111 Old Prestwick Court R-3 Zoning District (Single Family Residential) Shelby S. Griffiths, Petitioner Mr. Duke introduced the request for a use-on-appeal to allow a home child day care use on the property at 111 Old Prestwick Court. He stated that the property is located in the Highland Ridge Subdivision. He stated that the applicant received previous approval (October 10, 2017) for daycare operation in the Riverchase subdivision. Shelby Griffiths, petitioner, presented the request to home child day care use on property at 111 Old Prestwick Court. She stated that she is licensed by DHR and is allowed to have six children in her care to include her two children. She stated that she has a small dog and it has a designated area. She stated that the property is located in a cul-de-sac and will not generate a lot of traffic. She stated that the business will operate Monday thru Friday from 7:00 a.m. to 5:00 p.m. Chairman Jamieson opened the public hearing. Kevin Beacom, stated that he is the president of the homeowner’s association for Highland Ridge Subdivision and the daycare use violates the covenants of the subdivision. He stated that he rents the property that he owns at 106 Prestwick Court. He stated that there is already high traffic in the subdivision. Mrs. Griffiths stated that there are two known home daycares currently operating in the subdivision. She stated that had she known that the use was not allowed in the subdivision she would have considered other locations. Approved 8/14/18 Prattville Board of Zoning Adjustment June 26, 2018 Minutes (Special Meeting) Page 2 of 4 After no further comments, the public hearing was closed. Chairman Jamieson opened discussion for the board. Mr. Parker stated that he didn’t see where four additional cars would pose traffic problems. There being no further discussion from the board, the vote was called. Mr. Crosby moved to establish the findings of fact stating that 1) the proposed home-based daycare for six or fewer children is an allowable use-on-appeal, and is not a prohibited use in a R-3 district, and that 2) development of the proposed use at 111 Old Prestwick Court is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance. Chief Whaley seconded the motion. The motion to approve the findings of fact passed unanimously. The vote was called. Mr. Crosby moved to approve the request as submitted based on the approved findings of fact. Chief Whaley seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal to allow a home child day care use on property at 111 Old Prestwick Court. USE-ON-APPEAL To allow a home child day care use on property. 1848 Seasons Drive R-3 Zoning District (Single Family Residential) Deidra Bowman Surles, Petitioner Mr. Duke introduced the request for a use-on-appeal to allow a home child day care use on the property at 1848 Seasons Drive. He stated that the request is a use allowed on appeal in the R-2 zoning district. He stated that the board should consider in each case if it’s an allowed use, if it meets the spirit of the ordinance, and if the use will cause substantial adverse impact to adjacent or nearby properties or uses. Deidra Surles, petitioner, presented the request to allow a home child day care use on the property at 1848 Seasons Drive. She stated that she has been in child daycare business for over 10 years. She stated that she has two children and would be allowed to count one of her children in the ratio because the other is school age. She stated that she does not have a pool or pets, and has a fenced yard on the property. She will be operating from 7:00 a.m. to 5:30 p.m. Monday thru Friday. Chairman Jamieson opened the public hearing. Tom Goree, 1859 Seasons Drive, spoke in opposition of the request due to increase traffic. April Graham, 1837 Seasons Drive, spoke in opposition of the request due to increase traffic. After no further comments, the public hearing was closed. Chairman Jamieson opened discussion for the board. Chief Whaley stated that he is a resident of the neighborhood. He stated that traffic is heavy, but the home daycare would not pose any real issues with traffic. Mr. Crosby was in agreement with Chief Whaley. Approved 8/14/18 Prattville Board of Zoning Adjustment June 26, 2018 Minutes (Special Meeting) Page 3 of 4 There being no further discussion from the board, a vote was called. Mr. Crosby moved to establish the findings of fact stating that 1) the proposed home-based daycare for six or fewer children is an allowable use-on-appeal, and is not a prohibited use in a R-2 district, and that 2) development of the proposed use at 1848 Seasons Drive is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance. Chief Whaley seconded the motion. The motion to approve the findings of fact passed unanimously. The vote was called. Chief Whaley moved to approve the request as submitted based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal to allow a home child day care use on property at 1848 Seasons Drive. VARIANCE To allow an accessory structure in the side yard. 202 Hickory Lane R-2 Zoning District (Single Family Residential) Robin Dennis, Petitioner Mr. Duke introduced the request for a variance to allow an accessory structure in the side yard on the property at 202 Hickory Lane. He stated that the existing structure is located in the side yard and needs to be replaced. He stated that the owners were notified that the structure must be located in the rear yard. Robin & Danny Dennis, petitioners, presented the request to an accessory structure in the side yard on the property at 202 Hickory Lane. She stated that the existing shed is located behind a privacy fence. There is a pool in the rear which makes it difficult to relocate the shed in the rear yard. She stated that the existing shed would be replaced with a new 8’x12’ shed. She stated that they talked with neighbors and they had no issues. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. Chairman Jamieson opened discussion for the board. There being no discussion from the board, a vote was called. Mr. Crosby moved to establish the findings of fact stating 1) that granting of a variance will not confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district; 2) that granting of a variance is in harmony with the intent and purposes of the zoning ordinance; and 3) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Parker seconded the motion. The motion to approve the findings of fact passed unanimously. The vote was called. Mr. Crosby moved to approve the request as submitted based on the approved findings of fact. Chief Whaley seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance to allow an accessory structure in the side yard on property at 202 Hickory Lane. MISCELLANEOUS: ADJOURN: Approved 8/14/18 Prattville Board of Zoning Adjustment June 26, 2018 Minutes (Special Meeting) Page 4 of 4 After no further comments, questions or discussion the meeting was adjourned at 4:52 p.m. Respectfully submitted, Alisa Morgan, Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report DATE: 6/13/18 CASE FILE NUMBER: 180626SP-01 APPLICATION TYPE: Use-On-Appeal PROPERTY LOCATION or DESCRIPTION: 111 Old Prestwick Court PETITIONER(S) AND AGENT(S): Shelby S. Griffiths, Petitioner ZONING DISTRICT(S) R-2 (Single Family Residential) REQUESTED ACTION: Use-On-Appeal to operate a home child daycare on property. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Section 71 R-2 Uses Permitted On Appeal: …regulations common to all "R" Districts All "R" Districts" Uses Permitted On Appeal: Customary home occupations…day care centers… Home Occupation as defined by ordinance (Sec. 68): Any use customarily conducted entirely within a dwelling and carried within a dwelling and carried on solely by the inhabitant thereof, and which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof… MCQUEEN SMITH RD N E POPLAR ST THISTLE RD WINDERMERE AVE STAPLEFORD TRL LINDEN LN HAWTHORNE LN CHANCELLOR RIDGE RD EDINBURGH ST CULLIN AVE GRASMERE CT BRIARCLIFF PL KINGSLEY DR WEE LOVETT DR INGE PL THORNTON PL BRAMBLE TRCE LARKWOOD DR MEADOWBROOK DR ABERDEEN CT CASTLEBROOK DR COVERED BRIDGE PKWY OLD PRESTWICK CT GREYSTONE WAY MILL RIDGE CT SAINT ANDREWS CT ABINGER PL KELSE PL THORNTON CT TIMBER MILL CT ^_ BZA Case - 180626SP-01 Use-111Appeal Old on-Prestwick Ct. LOCATION MAP A City Alabama of Prattville Board of Zoning Adjustment BZA Case - 180626SP-01 111 Use-Old on-Prestwick Appeal Ct. ² 1 inch = 300 feet R-3 R-5 R-4 R-2 F.A.R. R-5 R-4 F.A.R. THISTLE RD MCQUEEN SMITH RD N CHANCELLOR RIDGE RD OLD PRESTWICK CT SAINT ANDREWS CT E POPLAR ST STAPLEFORD TRL 1 15 113 111 109 107 114 112 110 108 106 105 103 104 109 107 105 103 114 112 110 108 106 104 577 579 583 772 774 776 778 732 2018 2016 2012 2010 2008 2006 2004 2002 2000 1998 2148 2150 2003 2001 1999 1997 1995 1993 1991 1989 CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report DATE: 6/13/18 CASE FILE NUMBER: 180626SP-02 APPLICATION TYPE: Use-On-Appeal PROPERTY LOCATION or DESCRIPTION: 1848 Seasons Drive PETITIONER(S) AND AGENT(S): Deidra Bowman Surles, Petitioner ZONING DISTRICT(S) R-2 (Single Family Residential) REQUESTED ACTION: Use-On-Appeal to operate a home child daycare on property. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Section 71 R-2 Uses Permitted On Appeal: …regulations common to all "R" Districts All "R" Districts" Uses Permitted On Appeal: Customary home occupations…day care centers… Home Occupation as defined by ordinance (Sec. 68): Any use customarily conducted entirely within a dwelling and carried within a dwelling and carried on solely by the inhabitant thereof, and which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof… TARA DR E MAIN ST SUMMER LN SHEILA BLVD SEASONS DR HEATHER DR DEE DR MCQUEEN SMITH RD S COBBS FORD RD SANFORD DR AUTUMN RD SWEET RIDGE RD COMMERCE CT WINTER PL DOSS CT SHANNON CT GLYNWOOD DR DELLWOOD CT AUTUMN CT E MELVINA PL GREYSTONE WAY ROCHESTER WY SUMMER CT DANIEL PRATT JAMESON CT SHEILA CT AUTUMN CT W SEASONS CT ^_ BZA Case - 180626SP-02 Use-1848Appeal on-Seasons Drive LOCATION MAP A City Alabama of Prattville Board of Zoning Adjustment BZA Case - 180626SP-02 1848 Use-Seasons on-Appeal Drive ² 1 inch = 300 feet R-2 B-2 B-2 B-1 R-5 R-3 SEASONS DR SANFORD DR COMMERCE CT MCQUEEN SMITH RD S HEATHER DR 605 725 711 709 707 705 703 701 704 702 698 698 698 696 696696 696494 694 694 692 601 759 761 211 210 690 125 123 121 119 706 1842 1844 1846 1848 1850 1852 1854 1856 1858 1860 1840 1836 1835 1837 1839 1841 1843 1845 1847 1849 1851 1853 1855 1857 1859 1843 1845 1847 1849 1851 1853 1855 1857 1859 1839 1841 1835 1837 1836 1838 1840 1842 1844 1846 1848 1850 1852 1854 1856 1858 1860 BZA Case - 180626SP-02 Use-1848Appeal on-Seasons Drive LOCATION MAP B City Alabama of Prattville Board of Zoning Adjustment BZA Case - 180626SP-02 1848 Use-Seasons on-Appeal Drive ² 1 inch = 100 feet Legend Zoning Layer County Tax Parcel 2018 CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report DATE: 6/13/18 CASE FILE NUMBER: 180626SP-03 APPLICATION TYPE: Variance PROPERTY LOCATION or DESCRIPTION: 202 Hickory Lane PETITIONER(S) AND AGENT(S): Robin Dennis ZONING DISTRICT(S) R-2 (Single Family Residential) REQUESTED ACTION: Variance to allow an accessory structure in the side yard. ZONING ORDINANCE REFERENCE: Article 7. District Requirements. Appendix A-Zoning Ordinance Section 68 Definitions Accessory structure. Any detached minor building in the rear of the main building consisting of masonry or frame walls and roof, one (1) or two (2) stories in height, necessary as an adjunct to the use or occupancy of a principal or main structure. Yard, rear. The yard extending across the entire width of the lot between the main building, including covered porches, and the rear lot line. Yard, side. The yard extending along a side lot line, from the front yard to the rear yard, between the main building, including covered porches and carports, and such lot line. FAIRVIEW AVE N MEMORIAL DR SHADOW LN WOODVALE RD SYCAMORE DR WALKER ST BEDFORD TER CEDAR DR HOLLY LN CAMELLIA DR BROOKHAVEN DR HICKORY LN WOODLEY AVE GRIFFITH AVE EDGEWOOD AVE LYNN DR SKIDMORE AVE RADBURN WAY WARWICK DR HERITAGE HILLS DR PRIMROSE DR CROYDON DR LIVINGSTON AVE CHALET WOODS DR AZALEA DR BROOKWOOD DR CHATAM LN LIVINGSTON CIR CHERRY DR SYCAMORE CT MONTVIEW CT GREENSPRINGS DR RICHMOND WAY COLONIAL CT ^_ BZA Case - 180626SP-03 2V0a2riance Hickory Lane LOCATION MAP A City Alabama of Prattville Board of Zoning Adjustment BZA Case - 180626SP-03 202 Hickory Variance Lane ² 1 inch = 300 feet R-2 R-2 SHADOW LN HICKORY LN SYCAMORE DR EDGEWOOD AVE FAIRVIEW AVE GRIFFITH AVE SKIDMORE AVE CEDAR DR LIVINGSTON CIR 209 110 214 212 210 208 206 204 703 704 106 104 707 225 219 221 223 217 817 819 811 809 805 807 202 204 212 214 216 815 224 113 711 713 103 708 709 804 806 808 810 812 814 816 818 914 916 918 920 922 707 201 924 203 926 205 915 917 919 112 114 109 111 113 115 117 120 122 124 126 119 211 213 215 105 BZA Case - 180626SP-03 2V0a2riance Hickory Lane LOCATION MAP B City Alabama of Prattville Board of Zoning Adjustment BZA Case - 180626SP-03 202 Hickory Variance Lane ² 1 inch = 100 feet Legend Zoning Layer County Tax Parcel 2018 1987 1985 1983 1981 2151 2149 2020 1979 1033 1031 1029 1027 1025 1042 1040 1038 1036 1034 1032 1030 1023 1021 1028 1026 1024 1022 BZA Case - 180626SP-01 Use-111Appeal Old on-Prestwick Ct. LOCATION MAP B City Alabama of Prattville Board of Zoning Adjustment BZA Case - 180626SP-01 111 Use-Old on-Prestwick Appeal Ct. ² 1 inch = 100 feet Legend Zoning Layer County Tax Parcel 2018