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2002-Feb 11 BZA Pkt (Draft) 1 0 2 W e s t M a i n S t r e e t \ P r a t t v i l l e , A L 3 6 0 6 7 \ 334. 5 9 5 . 0 5 0 0 \ p r a t t v i l l e a l . g o v BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICP DIRECTOR CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A February 11, 2020 4:00pm Call to Order: Roll Call: Chairman James Miles, Vice-Chairman Jerry Crosby, Mr. Billy Barrett, Jr., Mr. Charles Knapp, and Mrs. Jerry Schannep. Minutes: January 14, 2020 Old Business: None New Business: 1. 200114-01 VARIANCE: To reduce the number of required parking spaces. 428 East Main Street B-2 (General Business) The Broadway Group, LLC, Petitioner District 1 Miscellaneous: Adjourn: Alabama Code Section 11-52-81 Board of adjustment - Appeals to circuit court from final decision of board of adjustment. Any party aggrieved by any final judgment or decision of such board of zoning adjustment may within 15 days thereafter appeal therefrom to the circuit court by filing with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of such appeal such board shall cause a transcript of the proceedings in the action to be certified to the court to which the appeal is taken, and the action in such court shall be tried de novo. DRAFT Draft Prattville Board of Zoning Adjustment January 14, 2020 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment 1 Minutes 2 January 14, 2020 3 4 5 CALL TO ORDER: 6 The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice-7 Chairman Jerry Crosby at 4:01 p.m. on Tuesday, January 14, 2020. 8 9 ROLL CALL: 10 Present: Vice-Chairman Jerry Crosby, Mr. Charles Knapp, and Mr. Billy Barrett. Absent: Chairman 11 James Miles and Ms. Jerry Schannep. 12 13 Also present were supernumerary members Chief Michael Whaley and Mr. Neal Parker. 14 15 Quorum Present 16 17 Staff present: Mr. Scott Stephens, City Planner, and Mr. Austin Brass, Senior Planner. 18 19 OLD BUSINESS: 20 There was no old business to discuss. 21 22 Vice-Chairman Crosby changed the order that the agenda items were heard. 23 24 NEW BUSINESS: 25 USE-ON-APPEAL 26 To allow temporary use for a parking lot. 27 124 South Memorial Drive 28 B-2 (General Business) 29 Baptist Health Services, Petitioner 30 31 Mr. Knapp introduced the use-on-appeal request for a temporary parking lot. Mr. Brass provided the 32 staff report. He stated that an addition is proposed for the front of the building and the temporary 33 parking on the rear will accommodate for front parking during renovation. 34 35 Derril Strickland of Goodwyn, Mills, & Cawood, petitioner’s representative, presented the request for 36 a temporary parking lot to be located to the rear of the building. He stated that the proposed temporary 37 73 parking stalls parking lot will be asphalt exempt of landscaping and storm water detention. 38 39 Vice-Chairman Crosby opened the public hearing. 40 41 B. G. Manning, 1243 Tallant Drive, had questions about water runoff. Mr. Strickland stated that water 42 would run to the south of the property. 43 44 After no further comments, the public hearing was closed. 45 46 Vice-Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. 47 Mr. Barrett moved to establish the findings of fact stating that 1) the proposed Temporary Parking Lot 48 is an allowable use-on-appeal, and is not a prohibited use in a B-2 district; 2) development of the 49 proposed use at 124 S Memorial Drive is in the public interest and meets the spirit of the City of 50 Prattville Zoning Ordinance; and 3) the proposed use will not cause substantial adverse impact to 51 adjacent or nearby properties or uses. Mr. Knapp seconded the motion. The motion to approve the 52 findings of fact passed unanimously. 53 54 After no further discussion, the vote was called. Mr. Parker moved to approve the request as 55 DRAFT Draft Prattville Board of Zoning Adjustment January 14, 2020 Minutes Page 2 of 3 submitted for 18 months based on the approved findings of fact. Mr. Knapp seconded the motion. 56 The motion to approve passed unanimously. 57 58 The BZA voted to approve the use-on-appeal to allow temporary use for a parking lot for 18 months 59 for property located at 124 South Memorial Drive. 60 61 (Chief Whaley arrived at 4:13) 62 63 VARIANCE 64 To encroach into the required 10’ side yard setback. 65 216 Edgewood Ave. 66 R-2 (Single Family Residential) 67 Thomas Glenn, Petitioner 68 69 Mr. Knapp introduced the variance request to encroach into the side yard setback. Mr. Brass provided 70 the staff report. He stated that the 2 feet variance request is to allow for an accessory structure located 71 less than 5 feet from side property line and a variance to allow for an accessory structure located less 72 than 5 feet from an existing accessory structure. He stated that the existing structure is non-conforming 73 encroaching into the rear and side yards. 74 75 Thomas Glenn, petitioner, stated that he wants to place the structure to align with the front door. If 76 placed correctly it would be misaligned. 77 78 Vice-Chairman Crosby opened the floor for public comments. There were none. The public hearing 79 was closed. 80 81 Vice-Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. 82 Mr. Barrett moved to establish the findings of fact stating that 1) special conditions and circumstances 83 exist which are peculiar to the land, structure, or building involved and which are not applicable to 84 other lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the 85 zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the 86 same district under the terms of the zoning ordinance; 3) that the special conditions and circumstances 87 do not result from actions of the applicant (self-imposed hardship); and 4) that granting of a variance 88 will not confer a special privilege on the applicant that is denied by this ordinance to other lands, 89 structures, or buildings in the same district. Mr. Knapp seconded the motion. The motion passed by 90 4/1 vote as recorded. Favor: Mr. Barrett, Mr. Knapp, Chief Whaley, Vice-Chairman Crosby. Oppose: 91 Mr. Parker. 92 93 After no further discussion, the vote was called. Mr. Knapp moved to approve the request as 94 submitted based upon the approved findings of fact. Mr. Barrett seconded the motion. The motion to 95 approve passed unanimously. 96 97 The BZA voted to approve the variance to encroach into the required 10’ side yard setback for 98 property located at 216 Edgewood Ave. 99 100 VARIANCE 101 To allow an accessory structure more than 50% of the main dwelling. 102 902 Lexington Lane 103 R-3 (Single Family Residential) 104 Heath McNeal, Petitioner 105 106 Mr. Knapp introduced the variance request to allow an accessory structure with square footage more 107 than 50% of the main dwelling. Mr. Brass provided the staff report. He stated that there are three 108 components to this variance request. First, the proposed accessory structure exceeding 50% of 109 primary structure, second the proposed structure being located on a parcel without a primary structure 110 DRAFT Draft Prattville Board of Zoning Adjustment January 14, 2020 Minutes Page 3 of 3 and third the use of a metal sided structure larger than 200 square feet. 111 112 Heath Neal, petitioner, presented his request. He stated that he needs a place to store antique 113 automobiles and he purchased a metal building because of its durability. He stated that the antique 114 cars are currently being stored at his auto business. 115 116 Vice-Chairman Crosby opened the floor for public comments. The following listed below spoke in 117 opposition to the request expressing that the large structure would be conspicuous and would decrease 118 the property values of the neighborhood. Also, a petition received from Rene Llera is attached and 119 made a part of the minutes. 120 121 Rene Llera, 810 Durden Road 122 Don Maness, 1033 Durden Road 123 Tyrone Hill, 897 Lexington Lane 124 Mary McDowell, 898 Lexington Lane 125 Sandra Hill, 897 Lexington Lane 126 127 After no further comments, the public hearing was closed. 128 129 Vice-Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. 130 Mr. Knapp moved to establish the findings of fact stating that 1) special conditions and circumstances 131 do not exist which are peculiar to the land, structure, or building involved and which are not applicable 132 to other lands structures, or buildings in the same zoning district. Chief Whaley seconded the motion. 133 The motion passed unanimously. 134 135 After no further discussion, the vote was called. Mr. Parker moved to deny the request as submitted 136 based upon the approved findings of fact. Mr. Knapp seconded the motion. The motion to deny 137 passed unanimously. 138 139 The BZA voted to deny the variance to allow an accessory structure more than 50% of the main 140 dwelling for property located at 902 Lexington Lane. 141 142 MINUTES: 143 Mr. Knapp moved to approve the minutes of the December 10, 2019 meeting. Chief Whaley seconded 144 the motion. The motion to approve passed unanimously. 145 146 ELECTION OF OFFICERS: 147 The election of officers was held. Mr. Parker moved to nominate Mr. Crosby as Chairman and Mr. 148 Knapp as Vice-Chairman. Mr. Barrett seconded the motion. There were no other nominations. The 149 vote was called. The motion passed unanimously. 150 151 MISCELLANEOUS: 152 Mr. Stephens congratulated Commissioner James Crosby and presented to him a certificate for completing 153 all of the training to becoming a Certified Alabama Planning and Zoning Official. 154 155 ADJOURN: 156 After no further comments, questions, or discussion the meeting was adjourned at 5:49 p.m. 157 158 Respectfully submitted, 159 160 161 162 Alisa Morgan, Secretary 163 DRAFT CITY OF PRATTVILLE Planning Department Staff Report Board of Zoning Adjustment Variance 200211-01: MEETING DATE: February 11, 2020 PETITIONER: The Broadway Group LLC PROPERTY OWNER: Pearson Rope, LLC SUBJECT SITE: 428 East Main Street REQUEST: To reduce the number of required parking spaces CURRENT ZONING: B-2 General Business LOCATION: South side of East Main Street, between Pratt St and New Moon Dr FUTURE LAND-USE MAP: Mixed-Use- Commercial SURROUNDING LAND North: Commercial (M-1) USES AND ZONING: South: Single-Family Residential (B-2 & T-1) East: Commercial/ Single-Family Residential (B-2 & T-1) West: Commercial/ Single-Family Residential (B-2 & R-3) DEVELOPEMNT STATUS & HISTORY: Previous Variance Requests: Variance request (#190709-02) for parking denied; July 2019 Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. Reduce the number of parking spaces from the required 94 to 52 (a reduction of 42 spaces) ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Article 11. –Business Parking Requirements Article 11, City of Prattville Parking Requirements Retail Sales or service establishment not elsewhere specified Three (3) spaces per first fifteen hundred (1500) square feet of gross floor area plus one space per one hundred (100) square feet of gross floor area. STAFF COMMENTS: The Broadway Group appeared before the BZA in July 2019 requesting a reduction in parking on this same property, and the request was denied. The Broadway Group has again applied for a variance for this location request parking from the required 94 spaces to 52 spaces (the previous request was to reduce to 35 spaces). DRAFT Variance 200211-01| Page 2 of 1 Once the BZA has decided a request, no new application for a variance on the same property or portion thereof shall be accepted for a 365-day period (Zoning Ordinance §37(c)). Section 37(d): However, during the 365-day period, the owner, or other party owning a legal interest in the property, may request a hearing before the Board of Zoning Adjustment to present facts or evidence demonstrating that conditions, as they existed at the time of the previous request, have changed substantially to warrant consideration of a request for a variance or a use-on-appeal prior to the end of the 365-day period. 1. Any applicant requesting a waiver of the 365-day period shall appear before the Board in accordance with the regular application and hearing procedure. 2. If the Board finds, by the affirmative vote of four members, that conditions have substantially changed and a waiver warranted, the applicant may submit a new application. Such new application shall be heard at a subsequent meeting, and shall be subject to all regular advertising and procedural requirements. 3. Allowing a new application and hearing does not obligate the Board to grant the requested action. The purpose of the 2/11/2020 meeting will be to determine if there has been enough change in the conditions since the previous request. The variance hearing must occur at a subsequent meeting. DRAFT E MAIN ST PRATT STN EW M O O N D R 1ST ST NEWMOONCT Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community Aerial Map - 428 E Main St ± Subject Area 0 300150 Feet DRAFT E MAIN ST PRATT ST1ST ST N EW M O O N D RMONCRIEF STDOSTER ST PARKW OO D D RNEWMOONCTPRATTVILLEKINDERGARTENE 3RD ST Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community Location Map - 428 E Main St ± Subject Area 0 560280 Feet DRAFT E MAIN ST PRATT STN E W MO O N D R1ST ST DOSTER ST NEWMOONCTPA R K W O O D D R M-1 T-1R-3 B-2 O-1 Zoning Map - 428 E Main St ± Subject Area R-3 B-2 O-1 M-1 T-1 0 400200 Feet DRAFT DRAFT DRAFT DRAFT