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1808 August 14Planning & 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 August 14, 2018 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Crosby, and Mrs. Jerry Schannep. Minutes: June 12, 2018 and June 26, 2018 (Special Meeting) Old Business: None New Business: 1. 180814-01 VARIANCE: To build on a lot less than the required 60 feet width and To change the side yard setbacks to 5 feet. 504 North Northington Street R-3 Zoning District (Single Family Residential) Habitat for Humanity Autauga & Chilton Counties, Petitioner District 2 Miscellaneous: Adjourn Approved 9/11/18 Prattville Board of Zoning Adjustment August 14, 2018 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment Minutes August 14, 2018 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:03 p.m. on Tuesday, August 14, 2018. ROLL CALL: Present: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Crosby, and Mrs. Jerry Schannep. Absent: There were no members absent. Also present was alternate member Mr. Neal Parker. 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. Miles moved to approve the minutes of the June 12, 2018 and June 26, 2018 special meeting. Mr. Crosby seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: VARIANCE To build on a lot less than the required 60 feet width and To change the side yard setbacks to 5 feet. 504 North Northington Street R-3 Zoning District (Single Family Residential) Habitat for Humanity Autauga & Chilton Counties, Petitioner Austin Brass, staff representative, introduced the request for a variance to allow a structure to be built on a lot less than the required 60 feet width and to change the side yard setbacks to 5 feet on property located at 504 North Northington Street. He stated that the existing structure will be replaced with a new residential home. He stated that the proposed variance will meet the spirit of the ordinance because the lot of record was pre platted before the adoption of this ordinance, thus creating a hardship for the petitioner to rebuild on the lot. Tom Risher of Habitat for Humanity of Autauga & Chilton Counties, petitioner’s representative, presented the request to build on a lot less than the required 60 feet width and to change the side yard setbacks to 5 feet on property at 504 North Northington Street. Mr. Risher stated that the deed shows there is only 53.5 feet width lot which is not the 80 feet that they thought that they actually had. He stated that they are requesting to reduce both side yards to 5 feet to accommodate the structure. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. Chairman Jamieson opened discussion for the board. In their discussion, the board concluded that the lot was platted prior to the current zoning ordinance and is similar to previous approvals granted of this nature. The proposed structure will be an improvement to what’s there and will comply closer with zoning requirements. Approved 9/11/18 Prattville Board of Zoning Adjustment August 14, 2018 Minutes Page 2 of 2 After the discussion the vote was called. Mr. Miles moved to establish the findings of fact stating 1) that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are applicable to other lands structures, or buildings in the same zoning district; 2) that the special conditions and circumstances do not result from actions of the applicant (self- imposed hardship; 3) 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; and 4) that granting of a variance is in harmony with the intent and purposes of the zoning ordinance. Mr. Crosby 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. Mr. Parker seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance to allow a structure on a lot less than the required 60 feet width and to change the side yard setbacks to 5 feet on property at 504 North Northington Street. MISCELLANEOUS: Chairman Jamieson acknowledge Mr. Duke in his retirement from the City of Prattville. He also acknowledge Mr. Austin Brass, new Senior Planner for the City of Prattville. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 4:30 p.m. Respectfully submitted, Alisa Morgan, Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 504 North Northington Street BZA Application – 180814-01 DATE August 6, 2018 PROPOSED DEVLOPMENT Petitioner: Habitat for Humanity of Autauga & Chilton Counties Property Owners: Lorenza Deramus, Jr. and Jimmy Deramus Agent: Habitat for Humanity of Autauga & Chilton Counties Location: 504 North Northington Street Development Status and History Previous Variance Requests/Approvals: No previous variances Conditions of Previous Approvals: N/A Property Configuration Acreage: Approximately 0.18 acres (8,025 square feet) Zoning Classification: R-3, Single Family Residential Relevant Standards: Prattville Zoning Ordinance Section 68 – Definitions. Yard, front. The yard extending across the entire width of the lot between the main building including covered porches, and the front lot line, or if an official future street right-of-way line has been established, between the main building, including covered porches and the right-of-way line. Page 2 of 4 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. Section 71— R-3 Districts Minimum Lot Size: 7,500 square feet Maximum Lot Coverage: 35% Width at Building Line: 60 feet Yard Setbacks: Front: 25’ Rear: 30’ Sides: 6’/ 8’ Exceptions to the district requirements for building lots and yards follow: Section 5. - Building lots, yards and open spaces. Where the owner of a lot of official record at the time of adoption of this ordinance does not own sufficient adjacent land to enable him to conform to the yard and other requirements of this ordinance, one (1) building and its accessory structures may be built provided the yard space and other requirements conform as closely as possible, in the opinion of the Board of Zoning Adjustment, to the requirements of the district in which it is located; and further provided that neither side yard shall be reduced to less than five (5) feet in width. No Building be set back more than the average of the setbacks of the existing residences within one hundred (100) feet each side thereof. Requested Variance: The petitioner is requesting permission to construct a single-family dwelling on a 53.5’ width lot, thus requesting a variance of 6.5’ from the required minimum building line width of 60’. The petitioner is requesting permission to construct the single-family dwelling with both side yard setbacks of 5’, thus requesting a variance of 1’ and 3’ from the required minimum side yard setbacks of 6’ and 8’. Page 3 of 4 Statement of Hardship: (taken from application) “This lot is unbuildable in its present size. The current house on the property is unlivable and must be torn down to make way for an affordable, decent, safe and energy efficient Habitat house for Hattie Deramus, a widow woman”. PLANNING STAFF EVALUATION Reviewed by: Austin Brass Site Visits Conducted: August 6, 2018 Recommendation: Recommend approval – lot of official record was platted pre-ordinance, therefore (1) building and its accessory structures may be built provided the yard space and other requirements of the district conform as closely as possible. Planning Staff Comments: Permit Application 180814-01 was submitted on July 18, 2018 requesting permission to construct a new single-family home replacing an existing single-family home on the lot. The proposed new home will be located on a lot that is less than the required 60’ lot width and less than the required 6’ & 8’ side yard setbacks. The board should note that the lot of official record was pre platted at the time of adoption of the Prattville Zoning Ordinance, therefore there is not sufficient adjacent land to enable the appellant to meet the current developmental standards of minimum building line width and side yard setbacks. Planning Department staff visited the site on August 6, 2018 to verify location of the proposed structure. Survey of the plat and the site visit showed that 504 N. Northington St was not built in conformance with the R-3 setback requirements. Planning staff feels that proposed variance will meet the spirit of the ordinance because the lot of record was pre platted before the adoption of this ordinance, thus creating a hardship for the appellant to rebuild on said lot. Additional Staff Comments: Board may question petitioner regarding the proposed setback of new single-family dwelling from front property line. Note, R-3 Zoning Distract has a minimum front yard setback of 25’. Page 4 of 4 State code and best practices require the BZA to measure variance requests against several basic standards. Below is the staff opinion regarding the standards and this request. 1. That special conditions and circumstances exist regarding this structure which are applicable to other lands, structures, or buildings in the same R-3 zoning district. 2. A literal interpretation of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning ordinance. 3. The special conditions and circumstances do not result from actions of the applicant. 4. The granting of a variance will not confer a special privilege on the applicant that is denied by the zoning ordinance to other lands, structures, or buildings in the same R-3 district; 5. The granting of a variance is in harmony with the intent and purposes of the zoning ordinance; 6. A variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole; 7. That no non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts was considered as grounds for the issuance of a variance; 8. A variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance in an R-3 district. ATTACHMENTS A. 1” = 40’ scale aerial and property map (Additional attachments distributed with earlier mail out.) CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report DATE: 7/18/18 CASE FILE NUMBER: 180814-01 APPLICATION TYPE: Variance PROPERTY LOCATION or DESCRIPTION: 504 North Northington Street PETITIONER(S) AND AGENT(S): Habitat for Humanity of Autauga & Chilton Counties ZONING DISTRICT(S) R-3 (Single Family Residential) REQUESTED ACTION: Variance to build on a lot less than the required 60 feet width and to change the side yard setbacks to 5 feet. ZONING ORDINANCE REFERENCE: Article 7. District Requirements. Appendix A-Zoning Ordinance Section 71 Residential District Requirements R-3 District: Minimum Lot Size Area in Square Feet – 7,500 Width at Building Line - 60 Minimum Yard Size Front yard - 25' Rear Yard – 35' Side Yard – 8’/6' WOODVALE RD N COURT ST CAMELLIA DR MAGNOLIA DR 10TH ST E 6TH ST MT AIRY DR AZALEA DR PRIMROSE DR MARTIN LUTHER KING JR DR COSBY CT N NORTHINGTON ST MIMOSA RD 8TH ST 9TH ST BOXWOOD RD WISTERIA RD BENT TREE DR CARVER ST GARDENIA CT CHERRY DR JUNIPER CT NEWBY ST FISK ST JAPONICA RD BUNCHE AVE ISOM ST DANIEL DR RUSSELL LN WILLOW OAK DR LIVE OAK DR WILBERFORCE AVE EASY ST CONE ST 23RD ST TAYLOR ST WHITE OAK CT DILLARD ST BOOTH LN ARCHIE LN WHITE OAK DR FAULK QTRS GOLDSMITH ST GARDENIA CIR CAMELLIA WOODS CT MAGNOLIA CT BENT TREE CT COTTONWOOD CT PRIMROSE DR BZA Case - 180814-01 504 VarianceStreet N. Northington LOCATION MAP A City Alabama of Prattville Zoning Prattville Adjustment Board of 504 N. Northington Variance Street BZA Case - 180814-01 ² 1 inch = 400 feet ^_ R-3 R-4 R-2 B-2 M-1 R-3 R-2 10TH ST N NORTHINGTON ST ARCHIE LN MAGNOLIA DR 493 473 476 483 228 715 224 224 214 182204 176 249 485 365 364 367 365 367 451 515 472 474 504 506 512 517 271 261 251 257 241 233 226242 214 219221 717719 201 196 186 204 A BZA Case - 180814-01 504 VarianceStreet N. Northington LOCATION MAP B City Alabama of Prattville Zoning Prattville Adjustment Board of 504 N. Northington Variance Street BZA Case - 180814-01 ² 1 inch = 100 feet Legend Zoning Layer County Tax Parcel 2018