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1711 Nov 14 Planning & Development Department 102 West Main Street  Prattville, Alabama 36067  334-595-0500  334-361-3677 Facsimile planning.prattvilleal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A November 14, 2017 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Crosby, Mrs. Jerry Schannep and Mr. Mike Temple. Minutes: October 10, 2017 Old Business: None New Business: 1. 171114-01 VARIANCE: To extend the nonconformity of an accessory structure encroaching 5’ into the required rear yard. 271 East Main Street R-2 Zoning District (Single Family Residential) Wayne & June Lambert, Petitioners District 1 2. 171114-02 VARIANCE: To encroach 9.4’ into the required 10’ side yard line. 714 Old Creek Road R-2 Zoning District (Single Family Residential) Walter J. & Marilyn A. Marshall, Petitioners District 5 Miscellaneous: Adjourn Approved 12/12/17 Prattville Board of Zoning Adjustment November14,2017 Minutes Page 1of 3 City of Prattville Board of Zoning Adjustment Minutes November 14, 2017 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:00 p.m. on Tuesday,November 14, 2017. ROLL CALL: Present:Chairman Leo Jamieson,Vice-Chairman James Miles,and Mr. Mike Temple. Alternate members present were Chief Michael Whaley and Mr. Neal Parker.Absent:Mr. Jerry Crosby and Mrs. Jerry Schannep. 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 October 10, 2017 meeting.Mr.Temple seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: VARIANCETo extend the nonconformity of an accessory structure encroaching 5’ into the required rear yard. 271 East Main Street R-2 Zoning District (Single Family Residential) Wayne & June Lambert, Petitioners Mr. Duke introduced the request for a variance to add on to a non-conforming accessory structure located at 271 East Main Street. He stated that the existing structure is located on the property line and approval of the request would extend the life of the non-conformity. Chairman Jamieson asked approval had been granted to the non-conforming structure before. Mr. Duke stated that approval was granted for a new accessory structure encroaching into the side yard setback (8/11/15). Wayne and Ben Lambert, petitioners, presented the request for an accessory structure to encroach into the rear yard setback at 271 East Main Street.Wayne Lambert stated that the house was built 1949 with the garage. He stated that the historic structure could not be demolished. He stated that he purchased the house in 1986 which had the aluminum cover which had been there since the 50’s. He stated that they plan to replace the existing aluminum poles. Ben Lambert provided details of plans for construction. Chairman Jamieson opened the public hearing.There were none to speak.The public hearing was closed. Chairman Jamieson opened discussion for the board.After no further discussion,Mr.Miles established the finding of facts stating that 1)that granting of a variance will not confer a special Approved 12/12/17 Prattville Board of Zoning Adjustment November14,2017 Minutes Page 2of 3 privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district;and 2) that granting of a variance is in harmony with the intent and purposes of the zoning ordinance.Chief Whaley moved to approve the finding of facts.Mr.Parker seconded the motion. The motion to approve the finding of facts passed unanimously. The vote was called.Mr.Parker moved to approve the request as submitted based on the approved finding of facts.Mr.Miles seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance to extend the nonconformity of an accessory structure encroaching 5’ into the required rear yard on property at 271 East Main Street. VARIANCETo encroach 9.4’ into the required 10’ side yard line. 714 Old Creek Road R-2 Zoning District (Single Family Residential) Walter J. & Marilyn A. Marshall, Petitioners Mr. Duke introduced the request for a variance to encroach 9.4’ into the required 10’ side yard located at 714 Old Creek Road. He stated that the proposed carport will be attached to the main structure. Roy Duncan of Airflow Awning,petitioner’s representative, presented the request attach a carport to the main dwelling at 714 Old Creek Road.He stated that the carport is close to the property line. The water flow would drain to the property. Marilyn Marshall, petitioner, stated that the carport is needed to help get her wheelchair bound spouse in and out of inclement weather. She stated that at their previous resident there was an existing carport which provided the assistance needed.She stated that they have resided at this location since April. She also stated that she spoke with her neighbors who are not opposed to the request. Mr. Miles asked if the carport could be placed in rear of the property. Mr. Duncan stated that there was no way to turn into the rear of the property. Chairman Jamieson opened the public hearing.There were none to speak.The public hearing was closed. Chairman Jamieson opened discussion for the board. After no further discussion, Mr.Miles moved to establish the finding of facts stating that 1)that 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;2) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole.Mr.Crosby seconded the motion. The motion to approve the finding of facts passed unanimously. Chief Whaley moved to amend the request to approve contingent that the carport be removed if there is a change in ownership. Mr. Miles seconded the motion. The motion failed for a lack of four affirmative votes. The votes are as recorded. Favor: Chief Whaley, Mr. Miles and Chairman Jamieson. Oppose: Mr. Temple and Mr. Parker. The vote was called.Mr.Parker moved to approve the request as submitted based on the approved finding of facts.Mr.Temple seconded the motion. Approved 12/12/17 Prattville Board of Zoning Adjustment November14,2017 Minutes Page 3of 3 The motion to approve passed unanimously. The BZA voted to approve the variance to encroach 9.4’ into the required 10’ side yard line on property at 714 Old Creek Road. MISCELLANEOUS: ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 4:55 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment CITY OF PRATTVILLEBoard of Zoning AdjustmentPlanning Department Staff Report DATE:10/31/17 CASE FILE NUMBER:171114-01 APPLICATION TYPE:Variance PROPERTY LOCATION or DESCRIPTION: 271 East Main Street PETITIONER(S) ANDAGENT(S):Wayne & June Lambert ZONING DISTRICT(S)R-2 (Single Family Representative) REQUESTED ACTION:Variance to extend the nonconformity of an accessory structure encroaching 5’ into the required rear yard. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Article 7 Section 71 Residential district requirements: All “R”Districts: Uses Permitted: Accessory structures Minimum Yard Size Rear Yard –5' Side Yard –5' Section 4. Uses (B) Any use or structure existing at the time of enactment or of subsequent amendment to this ordinance, but not in conformity with its provisions, maybe continued with the following limitations: Any use or structure which does not conform to the provisions of this ordinance, except with the written approval of the Board of Zoning Adjustment, shall not be: (a) Chained to another nonconforming use. (b)Re-established after discontinue [discontinuance] for one (1) year. (c)Rebuilt after fire or storm loss,exceeding its value,above foundation,at the time of loss. 1ST ST E MAIN ST E 3RD ST S NORTHINGTON STS WASHINGTON STS CHESTNUT STPRATT STMONCRIEF STDOSTER ST COLLEGE STNEW MOON DRNEW MOON CTSELMA HWYMAPLE ST 271 East Main Street171114-01 Rear Yard Variance LOCATION MAP B City of PrattvilleAlabama BZA REQUEST171114-01 271 East Main Street ²1 inch = 200 feet Legend County Tax Parcel R-2 R-3 B-2 M-1 T-1 R-3 B-2 R-2 B-2 O-1 R-6 O-1 O-1 R-2 1ST ST E MAIN ST E 3RD ST S NORTHINGTON STS WASHINGTON STS CHESTNUT STPRATT STMONCRIEF STDOSTER ST COLLEGE STNEW MOON DRSELMA HWY271 East Main Street171114-01 Rear Yard Variance LOCATION MAP A City of PrattvilleAlabama BZA REQUEST171114-01 271 East Main Street ²1 inch = 200 feet Legend Zoning Layer County Tax Parcel SHEILA BLVDS I L V E R H IL L S D R SWEET RIDGE RDOLD CREEK RDSHEILA CT PLA N TER S H ILL C TSEASONS DR SUMMER LN 714 Old Creek Road171114-02 Rear Yard Variance LOCATION MAP B City of PrattvilleAlabama BZA REQUEST171114-02 714 Old Creek Road ²1 inch = 100 feet Legend County Tax Parcel R-2 R-2 R-5 B-2 SUMMER LN SHEILA BLVDSILVER HILLS DRRUNNING BROOK DRSWEET RIDGE RDSEASONS DRAUTUMN RDOLD CREEK RDAUTUMN CT EPLANTERS HILL CTPLANTERS RIDGE RD SHEILA CT AUTUMN CT W RUNNING BROOK CIR SEASONS CTSA N FO R D D R FOREST TRL S I LV E R H IL LS CT 714 Old Creek Road171114-02 Rear Yard Variance LOCATION MAP A City of PrattvilleAlabama BZA REQUEST171114-02 714 Old Creek Road ²1 inch = 200 feet Legend Zoning Layer County Tax Parcel