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1604 - April 12 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 April 12, 2016 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep. Election of Officers: Minutes: March 8, 2016 Old Business: None New Business: 1. 160412-01 ADMINISTRATIVE APPEAL 802 Dozier Avenue B-1 Zoning District (General Business) Gerald Hamm, Petitioner District 6 2. 160412-02 USE-ON-APPEAL 986 South Memorial Drive B-1 Zoning District (General Business) River Regions Developers, Petitioner District 6 Miscellaneous: Adjourn Prattville Board of Zoning Adjustment April 12, 2016 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment Minutes April 12, 2016 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:07 p.m. on Tuesday,April 12, 2016. ROLL CALL: Present:Chairman Leo Jamieson,Mr. Gerald Cimis,Mr. Mac Macready,Mrs. Jerry Schannep and Alternate member Mr. Jerry Crosby.Absent:Vice-Chairman James Miles. 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. Macready moved to approve the minutes of the March 8, 2016 meeting. Mr. Crosby seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: ADMINISTRATIVE APPEAL 802 Dozier Avenue B-1 Zoning District (General Business) Gerald Hamm, Petitioner Mr. Duke presented and explain the interpretation of the Administrative Appeal.He stated that Mr. Gerald Hamm’s appeal is of the Planning Department’s denial of his request for building permit for an accessory structure on the lot at 802 Dozier Avenue to replace an existing 18’ x 20’ pre-fabricated carport with an 18’ x 40’ pole barn.He stated that the property is zoned B-1 and contains both a business use and two structures for residential use. He stated that the continuous and primary use of the property is single family residential. If the primary use of the property is single family residential, all other uses must be accessory. Gerald Hamm, petitioner, presented the request to allow a pole barn. He stated he owns three lots of which one has the mini storage facility, one is use for an office which his mother is currently use as residential and he resides in the remaining lot.He stated that Mr. Duke informed him that his primary use for the lots are residential which he disagree. Mr. Duke stated that B-1 district requirements state that residential uses shall comply with R-4 district standards. The total lot coverage is presently just over 50%; exceeding the maximum allowed coverage of 40% in an R-4 district.He stated that the proposed accessory structure location is less than the required 5’ from side property line.He stated that based on the area of the accessory structures, the amount of the lot covered by structures, and the amount of setback from the property line,the permit was denied approval. Prattville Board of Zoning Adjustment April 12, 2016 Minutes Page 2 of 2 Mr. Cimis stated that the petitioner’s statement of hardship is not valid because it is not tied to the land and cannot be supported for a variance. After no further comments, questions, or discussion, the vote was called. The BZA voted by 4/1 to agree with the determination made by the city’s zoning administrato r that residential is the primary and controlling use of the B-1 zoned property at 802 Dozier Avenue. The votes are as recorded: Favor: Mr. Cimis, Mrs. Schannep, Mr. Macready and Chairman Jamieson. Oppose: Mr. Crosby. MISCELLANEOUS: Note: The request for a use-on-appeal at 986 South Memorial Drive was an invalid agenda item. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:20 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment DATE:4/5/16 APPLICATION TYPE:Variance (160412-01) PROPERTY LOCATION or DESCRIPTION: 802 Dozier Avenue PETITIONER(S) AND AGENT(S): Gerald Hamm ZONING DISTRICT(S)B-1 (Neighborhood Commercial) REQUESTED ACTION:To interpret uses allowed in the B-1 Zoning District. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Section 72 Business District Requirements. USES PERMITTED: Neighborhood retail stores and markets, including the following types of stores: food, general merchandise; apparel, furniture; household and hardware; radio and television; drug and sundries; jewelry and gifts; florist; sporting goods; pet shops and similar types; and business recycling facilities. Neighborhood services including the following types: dry cleaning and laundry pickup stations; barber and beauty shops; shoe repair; offices, hotels, banks, post offices, theaters and similar services. USES PERMITTED ON APPEAL: Filling stations where no major repair work is done; restaurants; community recycling.Any use permitted or permitted on appeal in the R-4 Residential District, and subject to all district requirements of an R-4 District as specified in Section 71, hereof. TEMPORARY STRUCTURE: Where such structures shall be used for a period not to exceed 18 months prior to construction of a permanent structure, which will replace the temporary structure. The owner must give evidence, satisfactory to the Board of Zoning Adjustment, of such owner’s good faith and intent to construct or have constructed a permanent structure. Under no circumstances shall such structures be authorized as a residence or habitation. Planning & Development Department 102 West Main Street  Prattville, Alabama 36067  334-595-0500  334 -361-3677 Facsimile planning.prattvilleal.gov MEMORANDUM DATE: April 11, 2016 TO: Prattville Board of Zoning Adjustment FROM: Joel T. Duke, City Planner RE: Administrative Appeal – 802 Dozier Avenue – Accessory Structure Agenda Item #1 on your April 12, 2016 agenda is an appeal of a decision made in my capacity as zoning administrator. I am providing additional information in this case because this type of appeal is rarely made to the Board, and most of the current members have not heard or ruled in such a case. Before addressing the specific agenda request by Mr. Gerald Hamm, I will review administrative appeals in general and how they differ from the more commonly requested variance. Administrative appeals are one of the three powers granted to boards of zoning adjustment by Section 11-52-80 of the Code of Alabama, 1975. Subsection (d) (1) of Section 11-52-80 describes the administrative appeal as the power, "To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto." In other words, the administrative appeal can be submitted to a board if an applicant believes the zoning administrator has made an error in interpreting a provision of the zoning ordinance. Administrative appeals differ from variances. With a variance request, the applicant and the zoning administrator agree on the interpretation of the zoning ordinance, and the applicant is requesting an exception or relief from that provision. Administrative appeals exist to clarify and further establish the meaning of a city's zoning ordinance for the public and the city staff. When ruling on an administrative appeal, a board of zoning adjustment should receive April 11, 2016 Prattville BZA Page 2 testimony from the zoning administrator and the applicant and fully review the relevant section of the zoning ordinance in question. The board may also consider requesting testimony from the city's attorney or other professionals outside the city staff. When ruling on an administrative appeal, a board may agree with the zoning administrator or offer a revised interpretation. Once issued, a ruling is recognized as if it is a part of a city's zoning ordinance. Item #1 is Mr. Gerald Hamm’s appeal of the Planning Department’s denial of his request for building permit for an accessory structure on the lot at 802 Dozier Avenue. His application was submitted on February 29, 2016 and denied on March 3, 201 6. Mr. Hamm applied for permission to replace an existing 18’ x 20’ pre-fabricated carport with an 18’ x 40’ pole barn. His application provided an aerial showing the structural dimensions and proposed location. Mr. Hamm has stated that my interpretation of the zoning ordinance regarding his permit application is incorrect. Listed below is the configuration of 802 Dozier Avenue as determined during my review of Mr. Hamm’s permit application:  The property at 802 Dozier Avenue is zoned B-1, Local Shopping District.  The lot presently contains the following structures: o An occupied residential house with an approximate area of 1,334 square feet. o Existing metal building – identified by Mr. Hamm as a previously constructed mini-warehouse unit – with an approximate area of 2,572 square feet o Existing pre-fabricated 18’ x 20’ carport with an area of 360 square feet.  Total area of existing structures: 4,266 square feet.  Area of the lot: 8,500 square feet.  Structures cover approximately 50.3% of the total lot.  No variances are on file for this property. The applicant is unable to provide evidence of variances being previously granted for this property. I applied the following standard of review to Mr. Hamm’s application: April 11, 2016 Prattville BZA Page 3  The property is currently zoned B-1. The property contains both a business use (warehouse) and residential use (existing structure). House appears to be older of two structure and the continuous primary use of the property.  Residential uses are permitted in a B-1 zoning district. Prattville Zoning Ordinance, Section 72. Business district requirements states “Uses Permitted on Appeal: Filling stations where no major repair work is done; restaurants; community recycling. Any use permitted or permitted on appeal in the R-4 Residential District, and subject to all district requirements of an R-4 District as specified in Section 71, hereof.”  Applications for modifications to existing residential uses in a B -1 district should be reviewed under the standards of the R-4 district.  Prattville Zoning Ordinance, Section 71, Residential Districts o Accessory structure setback minimum setback 5’ o R-4 district dimensional and area requirements  Minimum lot size: 6,000 square feet  Minimum front yard setback: 25’  Minimum rear yard setback: 30’  Minimum side yard setbacks: 8’/6’  Maximum lot coverage or building area 40%  Prattville Zoning Ordinance, Section 68. – Definitions states, “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.”  Prattville Zoning Ordinance, Section 9 (a). - Structures states, “[General.] It is the intent of this ordinance, that there shall be but one (1) main structure on any lot zoned or used for single-family residential purposes; also, accessory structures shall not exceed fifty (50) percent of the total floor area of any main structure.” Total area of all accessory structures on the lot shall not exceed 50% of the area of the main structure. April 11, 2016 Prattville BZA Page 4 The following is the official opinion of the city zoning administrator regarding Permit Application File# 16-000217:  The continuous and primary use of the property is single family residential. If the primary use of the property is single family residential, all other uses must be accessory.  B-1 district requirements state that residential uses shall comply with R -4 district standards.  Given the age of the property and likely non-conformance in setbacks, staff focus should be limited to the accessory structures and their location relative to the lot and the main structure.  Area of the existing accessory structures (warehouse and pre-fabricated carport) exceed 50% of the area of the primary residential structure. Proposed new 720 square foot accessory will replace the existing 360 square foot carport leaving a net gain of 360 square feet of accessory structures on the lot.  Total lot coverage is presently just over 50%; exceeding the maximum allowed coverage of 40% in an R-4 district.  Proposed accessory structure location is less than the required 5’ from side property line.  Based on the area of the accessory structures, the amount of the lot covered by structures, and the amount of setback from the property line, I determined the permit application to be a violation of the zoning ordinance and denied approval. The following items are attached to this memorandum. 1. Mr. Hamm’s February 29, 2016 permit application – File# 16-000217 2. File Details Report – City of Prattville Permit System – File# 16-000217 3. Residential Permit Review – Staff Comments – File# 16-000217 4. Aerial photograph – Location Map – 802 Dozier Avenue 5. Mr. Hamm’s BZA Application – March 9, 2016 – Case 160412-01 Given the nature of this agenda item, I will be available during the hearing to provide information concerning the nature of the appeal, background information on the case and testimony concerning my interpretation of the relevant portions of the zoning April 11, 2016 Prattville BZA Page 5 ordinance. I will not be able to offer assistance with, or an opinion on, the Board's ruling in this matter. If you have any general questions concerning this case, please do not hesitate to call or e-mail. File Details Report: 16-000217 Apr 11, 2016 16-000217 802 DOZIER AVE PRATTVILLE AL 36067 HAMM ARLIN H & LAURA F 19051520140040000 Open Building Department Feb 29, 2016 Leslie Redmond POLE BARN BR16-000070 Denied POLE BARN/HOMEOWNER AS CONTRACTOR (334) 531-3567 HAMM ARLIN H & LAURA F Property Owner BR16- 000070 02/29/2016 Zoning Review Joel Duke , Leslie Redmond 03/07/2016 03/03/2016 Denied BR16- 000070 02/29/2016 Final Review Leslie Redmond , Leslie Redmond 03/04/2016 03/03/2016 Complete BR16- 000070 02/29/2016 Residental Plan Review Anthony Connell , Leslie Redmond 03/07/2016 02/29/2016 Complete BR16- 000070 02/29/2016 Initial Review Leslie Redmond , Leslie Redmond 03/01/2016 02/29/2016 Complete BR16- 000070 03/02/2016 image/png Photo 802 Dozier BR16- 000070 02/29/2016 application/pdf 1. Site Plan at a standard engineering scale identifying and locating of all property lines and existing and proposed structures on the site.