1608 - August 09
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
August 9, 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:
July 12, 2016
Old Business:
None
New Business:
1. 160809-01 USE-ON-APPEAL
To allow an offsite sign.
1595 South Memorial Drive
B-2 Zoning District (General Business)
Circle C Trailer Company, LLC, Petitioner
District 2
2. 160809-02 VARIANCE
To encroach into the required 10’ side yard setback
1101 Cooper Avenue
R-2 Zoning District (Single Family Residential)
Genie & Richard Grooms, Petitioners
District 6
3. 160809-03 USE-ON-APPEAL
To allow use for a temporary structure
960 East Main Street
B-2 Zoning District (General Business)
Bowen-Arrow, LLC, Petitioner
District 6
4. 160809-04 VARIANCE
To make changes to the landscape requirements
Medical Center Drive (Vacant Lot)
B-2 Zoning District (General Business)
Danny Clements Builder, Inc., Petitioner
District 3
Miscellaneous:
Adjourn
Prattville Board of Zoning Adjustment
August 9, 2016 Minutes
Page 1 of 4
City of Prattville Board of Zoning Adjustment
Minutes
August 9, 2016
CALL TO ORDER:
The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by
Chairman Leo Jamieson at 4:04 p.m. on Tuesday,August 9, 2016.
ROLL CALL:
Present:Chairman Leo Jamieson,Vice-Chairman James Miles,Mr. Gerald Cimis,Mr. Mac Macready,
and Mrs. Jerry Schannep.Absent:None.
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 July 12, 2016 meeting.Mrs.Schannep seconded
the motion. The motion passed unanimously.
OLD BUSINESS:
There was no old business to discuss.
NEW BUSINESS:
USE-ON-APPEAL
To allow an offsite sign.
1595 South Memorial Drive
B-2 Zoning District (General Business)
Circle C Trailer Company, LLC, Petitioner
Mr. Duke introduced the request for a use-on-appeal at 1595 South Memorial Drive.He stated that the
request is for an offsite sign which will advertise a business at another location.
Billy Cutter,petitioner,stated that he is the owner of Circle C Trailer Company which is located at
1720 Highway 82 West. He stated that he plans to move the business closer into the city and posted a
sign at the current location without knowledge of needing a permit. He stated that he received
permission from the property owner to place the sign on the property but did not obtain a permit.He
stated that it may take some time to relocate the business to the proposed location,but wants potential
customers to know that the business exists and where it’s presently located.
Chairman Jamieson opened the public hearing.
Lee Reynolds, property owner of 1595 South Memorial Drive, spoke in favor of the request.He stated
that he purchased the six acre property in 1994. A portion of the property has been successfully leased
to B&G Equipment Supply for four years. The remaining approximately three acre portion would be
leased to Circle C Trailer Company.He stated that there is no city sewer currently on the property so
that limits the types of business that can may use the site.
Prattville Board of Zoning Adjustment
August 9, 2016 Minutes
Page 2 of 4
The public hearing was closed.
The vote was called. Mr. Cimis moved to establish the finding of facts:1.The proposed off-site sign
is an allowable use-on-appeal, and is not a prohibited use in a B-2 district;2.Development of the off-
site sign at 1595 S. Memorial Drive is in the public interest and meets the spirit of the City of Prattville
Zoning Ordinance and 3.The proposed temporary structure will not cause substantial adverse impact
to adjacent or nearby properties or uses.
Mr. Macready moved to approve the finding of facts.Mr.Miles 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 the
use-on-appeal status for the sign expire should the business move to this location.Mr. Crosby
seconded the motion.
The motion to approve passed unanimously.
The BZA voted unanimously to approve the use-on-appeal to allow an offsite sign contingent that the
use expire should the business move to location at 1595 South Memorial Drive.
VARIANCE
To encroach into the required 10’ side yard setback
1101 Cooper Avenue
R-2 Zoning District (Single Family Residential)
Genie & Richard Grooms, Petitioners
Mr. Duke introduced the request for a variance at 1101 Cooper Avenue. He stated that the request is
for a side yard setback encroachment into the 10’ yard line. Inspection of the site in conjunction with
a request for an addition to the main structure revealed the encroachment of the existing carport which
is currently a non-conforming structure. He stated that the carport encroaches 2 ½’ into the east side
yard.
Genie & Richard Grooms, petitioners, presented their request for a 2 ½’ side yard variance. Ms.
Grooms stated that the carport’s front pole is in compliance but the rear pole encroaches in to the side
yard line. Mr. Grooms stated that the pie shaped lot tapers to the rear and causes the encroachment of
the rear pole. They stated that the carport has been there since 2008.
Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was
closed.
Mr. Miles recused himself from voting because of a possible conflict of interest.
The vote was called.Mr. Cimis moved to establish the finding of facts:1.The special conditions and
circumstances do result from actions of the applicant; 2.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-2 district;3.The granting of a variance is in harmony with the intent and
purposes of the zoning ordinance because of the unique shape of the lot;and 4.A variance will not
adversely affect the surrounding property, the general neighborhood, or the community as a whole.
Mrs. Schannep seconded the motion.
The motion to approve the finding of facts passed by 4/0 vote.(Mr. Miles recused himself).
Prattville Board of Zoning Adjustment
August 9, 2016 Minutes
Page 3 of 4
Mr. Cimis moved to approve the request based on the finding of facts. Mrs. Schannep seconded the
motion.
The motion to approve based on the finding of facts passed by 4/0 vote.(Mr. Miles recused himself).
The BZA voted unanimously to approve the variance to encroach into the required 10’ side yard
setback at 1101 Cooper Avenue.
USE-ON-APPEAL
To allow use for a temporary structure
960 East Main Street
B-2 Zoning District (General Business)
Bowen-Arrow, LLC, Petitioner
Mr. Duke introduced the request for a use-on-appeal at 960 East Main Street. He stated that the
request is for a temporary structure to be used until the permanent structure is built. He stated that the
staff recommends approval.
Brad Flowers of Flowers & White Engineering, petitioner’s representative, presented the request for a
temporary structure to be used as an office building until the permanent office is constructed. He
stated that the existing building will be completely demolished and reconstructed. He stated that
parking on Chambliss and Peachtree Streets will be utilized during construction. All renovations will
be contained within the property. Mr. Flowers estimated construction to last for three to four months.
Mr. Duke stated that 18 months is the standard time frame granted for temporary structures. The
petitioner’s projected construction time is well within the frame.
Chairman Jamieson opened the public hearing.There were none to speak. The public hearing was
closed.
The vote was called. Mr. Cimis moved to establish the finding of facts:1.The proposed temporary
structure is an allowable use-on-appeal, and is not a prohibited use in a B-2 district;2.Development of
the proposed temporary structure at 960 East Main Street is in the public interest and meets the spirit
of the City of Prattville Zoning Ordinance; and 3.The proposed temporary structure will not cause
substantial adverse impact to adjacent or nearby properties or uses.Mrs. Schannep seconded the
motion.
The motion to approve the finding of facts passed unanimously.
Mr.Miles moved to approve the request based on the approved finding of facts contingent that the use
does not exceed 18 months.Mrs.Schannep seconded the motion.
The motion to approve passed unanimously.
The BZA voted unanimously to approve the use-on-appeal to allow a temporary structure contingent
that the use does not exceed 18 months on property at 960 East Main Street.
VARIANCE
To make changes to the landscape requirements
Medical Center Drive (Vacant Lot)
B-2 Zoning District (General Business)
Danny Clements Builder, Inc., Petitioner
Prattville Board of Zoning Adjustment
August 9, 2016 Minutes
Page 4 of 4
Mr. Duke introduced the request for a variance at the southeast corner of Fairview Avenue and
Medical Center Drive Intersection.He stated that the request is for a reduction of the frontage 20’
landscape setback to 10’ at Medical Center Drive and Fairview Avenue.
Danny Clements, petitioner’s representative, presented the request for a reduction of 10’ to the
frontage landscape requirements. He stated that the lot was developed prior to the landscape ordinance
which has created a hardship in the development of the proposed medical office.
Chairman Jamieson opened the public hearing.There were none to speak. The public hearing was
closed.
The vote was called.Mr. Cimis moved to establish the finding of facts:1.The granting of a variance
is in harmony with the intent and purposes of the zoning ordinance;2.A variance will not adversely
affect the surrounding property, the general neighborhood, or the community as a whole;and 3.A
variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance
in a B-2 district.Mrs. Schannep seconded the motion.
The motion to approve the finding of facts passed unanimously.
Mr. Cimis moved to approve based on the finding of facts with a reduction from 20’ to 10’ at the
frontage of Fairview Avenue and from 20’ to approximately 7’ at the frontage of Medical Center
Drive. Mrs. Schannep seconded the motion.
The motion to approve based on the finding of facts passed unanimously.
The BZA voted unanimously to approve the variance to change the landscape requirements from 20’
to 10’ at the frontage of Fairview Avenue and from 20’ to approximately 7’at Medical Center Drive.
MISCELLANEOUS:
ADJOURN:
After no further comments, questions or discussion the meeting was adjourned at 4:40 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 Off-Site Sign
1595 South Memorial Drive
BZA Application – 160809-01
DATE August 8, 2016
PROPOSED DEVLOPMENT
Petitioners: Circle C Trailer Company, LLC (Billy Cutter, Sr.)
Property Owners: L & L Properties, Inc.
Agent: Bill Cutter, Sr.
Location: 1595 South Memorial Drive
Development Status and History
Submission Status: Portion of lot developed and used for equipment rental
business.
No other requests on file for variances or uses-on-appeal
at this address
Previous Approvals: None
Conditions of Previous
Approvals:
N/A
Property Configuration
Acreage: Approximately 6.5 acres
Existing Structures Site contains 8,200 square foot site-built commercial
structure used for an equipment rental business. Site
contains one freestanding sign.
Proposed Use: Single sign facing S. Memorial Drive. Two 4’ x 8’ signs
installed in a V configuration on three 4 x 4 posts. Sign is
Page 2 of 4
less than 25’ in height and greater than 15’ from edge of
pavement.
Sign advertises use located at a site (1720 Highway 82
West) other than 1595 S. Memorial Drive.
Sign installed prior to application for permit.
Current Zoning:
B-2 (General Business)
Required Zoning:
Off-site signs are permitted in B-2 zones as a use-on-
appeal. See Prattville Zoning Ordinance, Section 134. -
District regulations. (c) Business districts
Surrounding
Developments and Uses:
The property north, south east, and west of the site is
zoned B-2, General Business.
Street Extensions or New
Streets:
N/A
Water and Sewer: N/A
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: June 27, 2016
Recommendation: Approval based on the following:
1. Site zoned for business.
2. Previous approvals in S. Memorial Drive corridor for
off-site signs - primarily billboards.
3. Per other requirements of Zoning Ordinance Article
12, this large site can accommodate more than one
freestanding sign (see Section 132. - General sign
regulations, subsection (f)).
Planning Staff Comments:
Below is the staff opinion of questions generally applied to uses-on-appeal:
Page 3 of 4
1. The proposed off-site sign is an allowable use-on-appeal, and is not a prohibited
use in a B-2 district.
2. Development of the off-site sign at 1595 S. Memorial Drive 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
A. Staff photograph
Page 4 of 4
ATTACHMENT A
DATE:7/11/16
CASE FILE NUMBER:160809-01
APPLICATION TYPE:Use-On-Appeal
PROPERTY LOCATION
or DESCRIPTION:
1595 South Memorial Drive
PETITIONER(S) AND
AGENT(S):
Circle C Trailer Company, LLC
Agent:Billy Cutter, Sr.
ZONING DISTRICT(S)B-2 (General Business)
REQUESTED ACTION:Offsite sign
ZONING ORDINANCE
REFERENCE:
Appendix A-Zoning Ordinance Article 12.Signs. Section 134
District Regulations (c)Business districts, office districts, and
manufacturing districts.-
PERMITTED ON APPEAL:
Offsite signs
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
VARIANCE 1101 Cooper Avenue
BZA Application – 160809-02
DATE August 8, 2016
PROPOSED DEVLOPMENT
Petitioner: Genie and Richard Grooms
Property Owners: same as petitioner
Agent: N. A.
Location: 1101 Cooper Avenue
Development Status and History
Previous Variance
Requests/Approvals:
No previous variances
Conditions of Previous
Approvals:
N/A
Property Configuration
Acreage: Approximately 0.35 acres (15,246 square feet)
Zoning Classification:
R-2, Single Family Residential
Relevant Standards: Prattville Zoning Ordinance
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, may be 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.
Page 2 of 5
(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.
Section 5. - Building lots, yards and open spaces.
In each district, each structure, hereafter erected or
altered, shall be provided with the yards specified and
shall be on a lot of the area and width specified in Article
7. No open space or lot required for a building or structure
shall during its life be occupied by or counted as open
space for another building or structure.
Exceptions to the district requirements for building lots and
yards follow:
a. 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.
b. No building need be set back more than the average
of the setbacks of the existing residences within one
hundred (100) feet each side thereof.
Section 68 – Definitions.
Yard, rear. The yard extending across the entire width of
the lot between the main building, including covered
porches, and the rear lot line.
Section 71— R-2 Districts
Minimum Lot Size: 10,500 square feet
Maximum Lot Coverage: 45%
Yard Setbacks:
Front: 35’
Rear: 40’
Page 3 of 5
Sides: 10’
Requested Variance:
Effective variance as re-stated by staff (see application for
applicant statement): Attached carport installed in the side
yard. Due to angle of east side property line, a portion of
the carport extends into the required 10’ side yard.
Requesting variance for an encroachment of no greater
than 2.5 feet (closest corner is 7.5 feet from property line).
Property owner believes variance is justified due to
irregular space of their lot compared to surrounding
subdivision lots.
Statement of Hardship:
(taken from application)
“Our statement of hardship is that we would hope the
board would take into consideration that we be allowed a
permit for construction of an additional room onto our
dwelling. Our house has only on bath and two small
bedrooms. We really need the 2nd bath and a little more
room in the master bedroom.
We thank you for your consideration.”
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: May 26, 2016 and June 22, 2016
Recommendation: Recommend denial. Encroaching carport is a portable unit
that may be moved.
Planning Staff Comments:
On March 19, 2016, the petitioner’s contractor applied for a permit to add a 345 square foot
addition to the rear of the single-family residential house at 1101 Cooper Avenue. Upon
inspection, the zoning administrator determined that a portion of the existing structure, an
attached carport on the east side of the structure, extends 2.5 feet into the required 10 foot
side setback. Upon finding a non-conforming structure and failing to find record of the lot
Page 4 of 5
being zoned differently at construction or a previous variance, the administrator denied the
requested permit based on the non-conforming use clauses found in Section 4 (B) of the
city’s zoning ordinance. The addition for which the denied permit is requested is a not a part
of, nor does it increase the side yard encroachment. The applicant is requesting a variance
to account for the non-conformance of the existing structure and allowance for the addition.
State code, board rules, and best practices require the BZA to measure variance requests
against several basic standards. Below is the Planning Department staff’s 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-2 district;
5. The granting of a variance is not 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. A variance will not allow the establishment of a use prohibited under the terms of
the zoning ordinance in an R-2 district.
ATTACHMENTS
Attachment A. – Staff photograph of property.
Page 5 of 5
Attachment A
DATE:7/28/16
CASE FILE NUMBER:160809-02
APPLICATION TYPE:Variance
PROPERTY LOCATION
or DESCRIPTION:
1101 Cooper Avenue
PETITIONER(S) AND
AGENT(S):
Richard & Genie Grooms
ZONING DISTRICT(S)R-2 (Single Family Residential)
REQUESTED ACTION:Variance to encroach into the required 10’side yard setback.
ZONING ORDINANCE
REFERENCE:
Appendix A-Zoning Ordinance Section 71 Residential
district requirements:
R-2 District:
Minimum Yard Size
Front yard -35'
Rear Yard –40'
Side Yard –10'
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
USE-ON-APPEAL Bowen-Arrow, LLC
960 East Main Street
BZA Application – 160809-03
DATE August 8, 2016
PROPOSED DEVLOPMENT
Petitioners: Bowen-Arrow, LLC
Property Owners: Same
Agent: Flower and White Engineering
Location: 960 East Main Street (southeast corner of East Main
Street/Peachtree Street intersection)
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 0.51 acres
Proposed Use: Temporary office building for use while new structure is
constructed.
Current Zoning:
B-2, General Business
Required Zoning:
Primary use (office) 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.
Page 2 of 3
Surrounding
Developments and Uses:
Surrounding property fronting East Main Street is zoned
B-2 and used as business or institutional uses (fire
station). Property to south and southeast is zoned and
used as single-family residential
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 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 presented preliminary plans to the Planning
Department showing the demolition of the existing office
building on the site and construction of a new office structure
with the same tenant (ALFA Insurance). The temporary
structure will allow the current tenant to maintain operations
on the site during construction. The separation of customer
and construction traffic on the site is the Planning
Department’s primary concern with this request. The
applicant’s plan for parking and separation is sufficient. 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 a B-2 district.
2. Development of the proposed temporary structure at 960 East Main Street is in the
public interest and meets the spirit of the City of Prattville Zoning Ordinance.
Page 3 of 3
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.
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
DATE:7/28/16
CASE FILE NUMBER:160809-03
APPLICATION TYPE:Use-On-Appeal
PROPERTY LOCATION
or DESCRIPTION:
960 East Main Street
PETITIONER(S) AND
AGENT(S):
Bowen-Arrow, LLC
Terry Bowen, Agent
ZONING DISTRICT(S)B-2 (General Business)
REQUESTED ACTION:To allow use for a temporary structure.
ZONING ORDINANCE
REFERENCE:
Appendix A-Zoning Ordinance Section 72 Business
district requirements:
TEMPORARY STRUCTURES:
Where such structures shall be used for a period of 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.
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
VARIANCE Vacant lot – Southeast Corner of Fairview
Avenue/Medical Center Drive Intersection
BZA Application – 160809-04
DATE August 8, 2016
PROPOSED DEVLOPMENT
Petitioner: Danny Clements Builder, Inc.
Property Owners: RER L.L.C. (Reza Esmaili)
Agent: N/A
Location: Southeast Corner of Fairview Avenue/Medical Center
Drive Intersection
Development Status and History
Previous Variance
Requests/Approvals:
No previous requests or variances for this property
Conditions of Previous
Approvals:
N/A.
Property Configuration
Acreage: 1.0 acre
Zoning Classification:
B-2, General Business
Relevant District
Standards:
Zoning Ordinance, Article 13, Section 145
General Site and Off-Street Parking Area Landscaping
Requirements.
(a) Frontage Landscaping and Foundation Planting
Requirements.
Frontage landscaping shall require a landscaped strip
with a minimum 10-foot depth along all adjacent public
rights-of-way. Frontage landscaping shall include a
minimum of one (1) tree and six (6) shrubs per full forty (40)
linear feet of the frontage strip; shrubs are optional in areas
where a berm at least four (4) feet in height is used, Trees
Page 2 of 4
and shrubs shall be well distributed, though not; necessarily
evenly spaced.
A lot with less than one hundred fifty (150) feet frontage and
adjacent to a right-of-way shall have a frontage strip depth of
ten (10) feet; a lot with one hundred fifty (150) feet to two
hundred fifty (250) feet frontage shall have a frontage
strip depth of twenty (20) feet; a lot with over 250 feet
frontage shall have a frontage strip depth of thirty (30) feet…
For developments of two (2) or more acres with frontage of
to two hundred fifty (250) feet or more, the frontage strip
shall be bermed in order to minimize the visual impact of the
off-street parking area, unless the Administrator determines
that the natural topography does not require site to be
bermed. The berm shall not have a slope of greater than
one (1) foot of rise per three (3) feet of run, and shall not be
less than four (4) feet in height at its apex. Landscaping of
bermed perimeter strips shall be in accordance with all
requirements as outlined in this section
(b) Perimeter landscaping requirement. Perimeter
landscaping must be provided within the property lines
between the off-street parking area, adjoining properties.
Planting areas existing in the public rights-of-way or on
adjoining property shall not count toward the required
perimeter landscaping area. Perimeter landscaping areas
adjacent to adjoining properties shall be at least ten (10) feet
in depth, excluding walkways, measured perpendicularly
from the adjacent property to the back of curb.
Should the parking area abut any Residential District as
defined by Article 7 of the Zoning Ordinance of the City of
Prattville, a higher perimeter landscaping criteria shall apply.
The perimeter landscaping area along the common property
line shall have a twenty (20) foot landscaped buffer area
consisting of a solid unbroken visual screen, eight (8) feet
high within two (2) years of planting, and in sufficient density
to afford protection to the residential districts from the glare
of lights, from blowing paper, dust and debris, from visual
encroachment and to effectively reduce the transmission of
noise. The perimeter buffer area shall be maintained in a
clean and neat condition.
Page 3 of 4
Requested Variance:
Effective variance as re-stated by staff (see application for
applicant statement):
1. Reduction of required depth of landscaped area on
Fairview Avenue (formerly Alabama Highway 14
East) frontage from 20’ to an average depth of 10’
(matching the submitted site plan).
2. Reduction of required depth of landscaped area on
Medical Center Drive from 20’ to 7’ (matching the
submitted site plan).
Statement of Hardship:
(taken from application)
“W e are asking for a variance for the 20 ft landscape area
on the 2 street sides of the lot. The subdivision was platted
and developed in 1998 and the current landscaping
ordinance when into effect in 1999. Thank you for your
help in this matter.”
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: Several visits in May and June 2016
Recommendation: Approval.
1. Lot was planned and platted in mid-1990’s prior to
initial adoption of city’s landscaping codes in the
1999, as a result additional space was not allocated
for the site and parking lot landscaping that would be
required when developed.
2. Sufficient space is available to accommodate the
quantity of landscaping material required, but not
enough for the setback.
3. Relief from setback requirements is justified to permit
development of the existing lot.
4. Similar variances have been approved by the board
for similarly configured properties.
Page 4 of 4
5. Overall spirit of the ordinance is maintained and
amount of landscaping required is provided on site.
Planning Staff Comments:
State code, board rules, and best practices require the BZA to measure variance requests
against several basic standards. Below is the Planning Department staff’s opinion
regarding the standards and this request.
1. No special conditions and circumstances exist regarding this site which are not
applicable to other lands, structures, or buildings in the same B-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 this ordinance to other lands, structures, or buildings in the same B-4
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. A variance will not allow the establishment of a use prohibited under the terms of
the zoning ordinance in a B-2 district.
ATTACHMENTS
None. Please attachments provided with meeting packet.
DATE:7/28/16
CASE FILE NUMBER:160809-04
APPLICATION TYPE:Variance
PROPERTY LOCATION
or DESCRIPTION:
Medical Center Drive (vacant lot)
PETITIONER(S) AND
AGENT(S):
Danny Clements Builder, Inc.
ZONING DISTRICT(S)B-2 (General Business)
REQUESTED ACTION:To allow changes to the landscape setback requirements.
ZONING ORDINANCE
REFERENCE:
Landscaping Ordinance Article 13 Section 135 General Site
and Off-Street Parking Area Landscaping Requirements.
(a)Frontage Landscaping and Foundation Planting Requirements.
Frontage landscaping shall require a landscaped strip with a
minimum 10-foot depth along all adjacent public rights-of-way.
Frontage landscaping shall include a minimum of one (1) tree and
six (6) shrubs per full forty (40) linear feet of the frontage strip;
shrubs are optional in areas where a berm at least four (4) feet in
height is used, Trees and shrubs shall be well distributed, though
not; necessarily evenly spaced.
A lot with less than one hundred fifty (150) feet frontage and
adjacent to a right-of-way shall have a frontage strip depth of ten
(10) feet; a lot with one hundred fifty (150) feet to two hundred fifty
(250) feet frontage shall have a frontage strip depth of twenty (20)
feet; a lot with over 250 feet frontage shall have a frontage strip
depth of thirty (30) feet…