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1605 - May 10 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 May 10, 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: April 12, 2016 Old Business: None New Business: 1. 160510-01 USE-ON-APPEAL To allow for church use 986 South Memorial Drive B-1 Zoning District (General Business) River Regions Developers, Petitioner District 6 2. 160510-02 VARIANCE To encroach into the required 10’ side yard line 106 Beth Manor Drive R-2 Zoning District (Single Family Residential) Richard & Teresita Bird, Petitioners District 6/5 3. 160510-03 USE-ON-APPEAL To allow use for a temporary structure North end of Pratt Street M-1 Zoning District (Light Industrial) Jeff Wainwright, Petitioner District 1 Miscellaneous: Adjourn Prattville Board of Zoning Adjustment May 10, 2016 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment Minutes May 10, 2016 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:02 p.m. on Tuesday,May 10, 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.Cimis moved to approve the minutes of the April 12, 2016 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 for church use 986 South Memorial Drive B-1 Zoning District (General Business) River Regions Developers, Petitioner Mr. Duke introduced the request for a use-on-appeal at 986 South Memorial Drive. He stated that the petitioner is requesting for a church use on the property which is located in a small strip shopping center. A request was previously granted to the applicant, Annail Fort,in 2015 in a different location. He stated that there is ample parking space for the requested use. Annail Fort,applicant, presented the request to allow for church use on property at 986 South Memorial.She stated that there was not enough parking space for the anticipated occupancy load where they were approved in 2015 so they never occupied the property at the previous location. John Gillian, petitioner’s representative, stated that this building is twice the si ze of the previous building with an occupancy load of 35. He stated that the parking requirements are met as set by the building code. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. After no further comments, questions, or discussion, the vote was called.Mr. Cimis moved to approve the finding of facts: 1. The requested use is not a prohibited use in a B-1 district. 2.The proposed Prattville Board of Zoning Adjustment May 10, 2016 Minutes Page 2 of 3 institutional use is consistent with the present commercial use of the property.3.The proposed use and configuration of the property are consistent with the zoning ordinance and in the public interest and 4. The proposed use does not pose and adverse impact on the surrounding neighborhood. Mr. Crosby seconded the motion. The motion to approve the finding of facts passed unanimously. Mr. Cimis moved to approve the request based on the approved finding of facts contingent that operation is on Sundays 10:00 a.m. until 12:00 p.m., one Saturday a month from 10:00 a.m. u ntil 12:00 p.m., that there is no outside activities and also operation on Wednesdays from 7:00 p.m. until 8:00 p.m.Mr. Crosby seconded the motion. The motion to approve passed unanimously. The BZA voted unanimously to approve the use-on-appeal with contingencies to allow church use on property at 986 South Memorial Drive. VARIANCE To encroach into the required 10’ side yard line 106 Beth Manor Drive R-2 Zoning District (Single Family Residential) Richard & Teresita Bird, Petitioners Mr. Duke introduced the variance request to encroach 6’4” into the required side yard line at 106 Beth Manor Drive.He stated that addition is for a carport. Richard Bird, petitioner, presented the request to encroach into the 10’ side yard at 106 Beth Manor Drive.He presented a picture of his property.He stated that he has resided at the property since 1989. He stated that his neighbor’s oak tree is causing damage to his vehicles. He has spoken with the neighbor about cutting the oak tree,but he will not comply. He stated that the acorns from the tree are causing extensive damage to his vehicles. He stated that his insurance company would not cover damage on his newly purchased vehicle because potential damage from the acorns is known. He stated that the cost of a carport was cheaper than going to court to have the tree removed or cut down. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. After no further comments, questions, or discussion, the vote was called. Mr. Cimis moved to approve the finding of facts: 1.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.The special conditions and circumstances do not result from actions of the applicant, 3.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-2 district,and 4.The 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 finding of facts passed unanimously. Mr. Cimis moved to approve the request based on the approved finding of facts.Mr. Crosby seconded the motion. The motion to approve passed unanimously. Prattville Board of Zoning Adjustment May 10, 2016 Minutes Page 3 of 3 The BZA voted unanimously to approve the variance to encroach into the required 10’ side yard line on property at 106 Beth Manor Drive. USE-ON-APPEAL To allow use for a temporary structure North end of Pratt Street M-1 Zoning District (Light Industrial) Jeff Wainwright, Petitioner Mr. Duke introduced the use-on-appeal to allow a temporary structure at property located at the north end of Pratt Street.He stated that the use is permitted without additional approval by BZA.A site plan review and approval by the Planning Department is required before proposed commercial use can operate from the site. Jeff Wainwright, petitioner, presented his request for a use-on-appeal for a temporary structure on Pratt Street. He stated that the temporary structure would be for administrative office for the landscape business. He stated that the business is being opened on trial basis with a lease on the property for a year. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. After no further comments, questions, or discussion, the vote was called.Mrs. Schannep moved to approve the use-on-appeal for a temporary structure for 18 months. Mr. Macready seconded the motion. The motion to approve passed by 4/1 as recorded. Favor: Mrs. Schannep, Mr. Macready, Mr. Crosby, and Chairman Jamieson. Oppose. Mr. Cimis. The BZA voted to approve the use-on-appeal to allow a temporary structure for 18 months on property at the north end of Pratt Street. MISCELLANEOUS: ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:21 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report USE-ON-APPEAL Church Use - Annail Fort 986 S. Memorial Drive BZA Application – 160510-01 DATE May 9, 2016 PROPOSED DEVLOPMENT Petitioners: Annail Fort Property Owners: River Region Developers Agent: John Gillian Location: 986 S. Memorial Drive Development Status and History Submission Status: Requesting permission to use existing shopping center space at the NW corner of S. Memorial Drive and Smith Avenue for church use Previous Approvals: None. No other request on file for use-on-appeal at this address Conditions of Previous Approvals: N/A Property Configuration Acreage: Approximately .78 acres (33,846 square feet) Existing Structures Site contains an 8,282 square foot site-built shopping center structure. Proposed Use: Church/Semi-Public Use Current Zoning: B-1 (Local Shopping District) Page 2 of 3 Required Zoning: Church permitted with use-on-appeal approval from the Board of Zoning Adjustment. Surrounding Developments and Uses: The property north east, and west of the site is zoned B-1 (Local Shopping District). The property to the south is zoned B-2, General Business. Street Extensions or New Streets: None required or proposed. Water and Sewer: Public potable water and sanitary sewer are provided to the site and the existing building. PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: May 8, 2016 Recommendation: Approval contingent on compliance with building and life safety codes. Proposed use was previously approved by the BZA on May 12, 2015 for the store front location at 963-C S. Memorial Drive. Planning Staff Comments: Background. Ms. Fort appeared before the BZA on May 12, 2015 requesting approval for a church for the storefront location at 963-C S. Memorial Drive. This shopping center is located north and east of the subject location. According to Mr. John Gillian who is the leasing agent for both 963-C and 986 S. Memorial Drive, Ms. Fort did not occupy 963-C Memorial Drive after receiving approval. Ms. Fort submitted an application to the Board requesting approval of the church use as a use-on-appeal. She provided the Board with the following information: A. Current Membership: 15 B. Days and Hours of Services: Sundays 10:00 am - 12:00 pm, One Saturday a month 10:00 am – 12:00 pm C. Average Weekly Attendance: 15 to 25 D. Days and Hours of All Activities: One Saturday a month 10:00 am – 12:00 pm Page 3 of 3 E. Outside Activities: No F. Parking Available on Site: 42 (provided by city staff) G. Seating in the Worship Center: 35 Analysis. Below is the staff assessment of the three general question applicable to uses- on-appeal: 1. Is the proposed church an allowable use-on-appeal, and not a prohibited use in a B-1 district? The requested use is a permitted use-on-appeal. It is not a prohibited use in a B- 1 district. 2. Is location of the proposed church at 986 S. Memorial Drive in the public interest? Does the proposed development meet the spirit of the City of Prattville Zoning Ordinance? A primary purpose of the city’s zoning ordinance is to insure that adequate space and facilities are provided for a given use. Regarding churches, the zoning ordinance requires adequate setback from adjacent properties and an adequate parking field. The church stated their capacity in the worship center to be 35 seats. The church has not completed and submitted the require code analysis to support a 35 seat capacity. However, assuming the 35 seats, city ordinance dictates 14 parking spaces. 42 spaces are provided in the shopping center containing 986 S. Memorial Drive The proposed institutional use is consistent with the present commercial use of the property. It is also consistent with the neighborhood focused uses located adjacent and nearby. The site directly accesses a major traffic arterial, S. Memorial Drive, with sufficient capacity and connectivity to accommodate the proposed use. The proposed use and configuration of the property are consistent with the zoning ordinance and in the public interest. 3. Does the proposed church use cause substantial adverse impact to adjacent or nearby properties or uses? Given the stated scale of the operation, the past use of the shopping center for meetings such as Weight Watchers, and the limitation placed on future expansion by the city’s building code, the proposed use does not pose an adverse impact on the surrounding neighborhood. ATTACHMENTS A. Location Map B. Application C. Minutes May 12, 2015 BZA meeting (part) Prattville Board of Zoning Adjustment May 12, 2015 Minutes Page 4 of 5 closed. After no further comments, questions, or discussion, the vote was called. Assistant Chief Whaley moved to approve the request as submitted. Mrs. Schannep seconded the motion. The BZA voted unanimously to approve the use-on-appeal to allow church use on property at 364 East Main Street. Chairman Jamieson resumed his seat to preside over the meeting. USE-ON-APPEAL To allow church use on property. 963-C South Memorial Drive B-1 Zoning District (Local Shopping District) Kingdom Come Worship Center, Petitioner Mr. Duked introduced the use-on-appeal request allow a church use on property at 963-C South Memorial Drive. Annail Fort, petitioner’s representative, presented the use-on-appeal request to allow church use on property at 963-C South Memorial Drive.She stated that the location was a church before. She stated that the Kingdom Come Worship Center is currently operating at the North Highland Community Center. She stated that the plan of operation at the site would be Sunday 10:00 a.m. thru 12:00 p.m. and Wednesday 7:00 p.m. thru 8:00 p.m. and some outreach services on Saturdays. She stated that there is adequate parking for the current 25 members. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. After no further comments, questions, or discussion, the vote was called.Mr. Macready moved to approve the request as submitted. Mrs.Schannep seconded the motion. The BZA voted unanimously to approve the use-on-appeal to allow church use on property at 963-C South Memorial Drive. VARIANCE To locate an accessory structure in the front yard. 4 Knob Hill Road R-2 Zoning District (Single Family Residential) Kevin M. Costello, Petitioner Mr.Duke presented the variance request to locate an accessory structure on property at 4 Knob Hill Road. He stated that Article 6 of the Zoning Ordinance Section 68 requires that accessory structure be located in the rear of the main building. Kevin Costello and Rebecca Costello, petitioners, presented their request to allow an accessory structure in the front yard of 4 Knob Hill Road. He stated that they wanted to place the 2-car garage over the existing pad. He stated that placing the garage in the rear would lose tremendous green space. He stated that there is a 30’ drop next to neighbor. He stated that all the lots in the area are uniquely configured. Chairman Jamieson opened the public hearing.There were none to speak. The public hearing was closed. After no further comments, questions, or discussion, the vote was called. The BZA voted unanimously to approve the variance to locate an accessory structure in the front yard on property at 4 Knob Hill Road. CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 106 Beth Manor Drive BZA Application – 160510-02 DATE May 9, 2016 PROPOSED DEVLOPMENT Petitioner: Richard and Teresita Bird Property Owners: same as petitioner Agent: N. A. Location: 106 Beth Manor Drive Development Status and History Previous Variance Requests/Approvals: No previous variances Conditions of Previous Approvals: N/A Property Configuration Acreage: Approximately 0.24 acres (10,454 square feet) Zoning Classification: R-2, Single Family Residential Relevant Standards: Prattville 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. Page 2 of 3 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-2 Districts Minimum Lot Size: 10,500 square feet Maximum Lot Coverage: 45% Yard Setbacks: Front: 35’ Rear: 40’ Sides: 10’ Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): Permission to install an attached 12’ x 22’ structure in the east side yard of 106 Beth Manor Drive. The attached structure will extend the main structure 6’ 4” in to the required 10’ side yard (3’ 8” from the property line). Statement of Hardship: (taken from application) “See attached drawing: 12’ x 22’ carport installed by Diversified Siding Co; David Curtis 358-4818 for $1,850.00. Variance requested because it will be closer to property line than currently authorized” (Supplemental letter provided by applicant on April 21. – attached to mail out sent by Ms. Morgan) PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: May 8, 2016 Recommendation: Recommend denial – hardship is not well defined. Planning Staff Comments: No permit request has been submitted on this property. Page 3 of 3 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. No special conditions and circumstances exist regarding this structure which are not applicable to other lands, structures, or buildings in the same R-2 zoning district. 2. A literal interpretation of the zoning ordinance would not 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 result from actions of the applicant. 4. The granting of a variance will 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 not in harmony with the intent and purposes of the zoning ordinance; 6. A variance may adversely affect the surrounding property, the general neighborhood, or the community as a whole; 7. A variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance in an R-2 district. ATTACHMENTS None. Please see earlier mail out. CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report USE-ON-APPEAL Jeff Wainwright (Dirk Digger, Inc.) Vacant Property North end of Pratt Street BZA Application – 160510-03 DATE May 9, 2016 PROPOSED DEVLOPMENT Petitioners: Jeff Wainwright (Dirk Digger, Inc.) Property Owners: Beverly J. Malone Agent: N/A Location: Vacant lots either side of street at the north end of Pratt Street – north of E. Main Street – between Trotter Veterinary Clinic and Jet Pep Development Status and History Submission Status: Initial request for temporary structure Previous Approvals: N.A. Conditions of Previous Approvals: N.A. Property Configuration Acreage: Approximately 1.44 acres (leased portion of tax parcels 19020930140100000 and 19020930190010000) Proposed Use: Landscaping materials Current Zoning: M-1 (Light Industrial) Required Zoning: Use is permitted without additional approval by BZA. Site plan review and approval by the Planning Department is required before proposed commercial use can operate from the site. Surrounding Developments and Uses: All surrounding property is zoned M-1, Light Industrial. Page 2 of 2 Street Extensions or New Streets: None proposed. Water and Sewer: Adequate potable water and sanitary sewer for the proposed use is provided to the site. PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: April 8, 2016 Recommendation: This requested use has been referred to the BZA for approval of a temporary structure. The petitioner is requesting to approval for use of a temporary structure for an 18 month period. The petitioner has indicated a desire to build a permanent structure for the proposed business The proposed use is permitted by zoning and can be accommodated by the site. The request should be approved. Planning Staff Comments: Below is the staff opinion of questions generally applied to uses-on-appeal: 1. The proposed temporary structure is an allowable use-on-appeal, and is not a prohibited use in an M-1 district. 2. Development of the proposed temporary structure at vacant lot at the north end of Pratt Street is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance. 3. The proposed temporary structure will not cause substantial adverse impact to adjacent or nearby properties or uses. ATTACHMENTS None. Please see information sent earlier by Ms. Morgan.