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BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP
DIRECTOR
CITY OF PRATTVILLE
BOARD OF ZONING ADJUSTMENT
A G E N D A
March 10, 2020
4:00pm
Call to Order:
Roll Call:
Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., Mr. James Miles, and Mrs. Jerry Schannep.
Minutes:
February 11, 2020; February 18, 2020
Old Business:
None
New Business:
1.200310-01 USE-ON-APPEAL:
To operate a home child daycare business.
393 Greystone Way
R-2 (Single Family Residential)
Jennifer Offhaus, Petitioner
District 4
2. 200310-02 VARIANCE:
To reduce the required parking spaces.
1880 East Main Street
B-2 (General Business)
Prattville Partners, LTD, Petitioner
District 5
3. 200310-03 USE-ON-APPEAL:
To operate home music studio business.
709 Hedgefield Way
PUD (Planned Unit Development)
Bethany Murphy, Petitioner
District 5
4. 200310-05 USE-ON-APPEAL:
To operate a home lawn care business
488 Golson Road
Brandon Potter, 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. DRAFTDRAFT
Draft
Prattville Board of Zoning Adjustment
February 11, 2020 Minutes
Page 1 of 2
City of Prattville Board of Zoning Adjustment 1
Minutes 2
February 11, 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 Charles Knapp at 4:01 p.m. on Tuesday, February 11, 2020. 8
9
ROLL CALL: 10
Present: Vice-Chairman Charles Knapp, Mr. Billy Barrett, and Ms. Jerry Schannep. Absent: Chairman 11
Jerry Crosby and Mr. James Miles. 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 Ms. Alisa Morgan, Secretary. 18
19
MINUTES: 20
Mr. Barrett moved to approve the minutes of the January 14, 2020 meeting. Chief Whaley seconded the 21
motion. The motion to approve passed unanimously. 22
23
OLD BUSINESS: 24
There was no old business to discuss. 25
26
NEW BUSINESS: 27
VARIANCE 28
To reduce the required parking spaces. 29
428 East Main Street 30
B-2 (General Business) 31
The Broadway Group, LLC, Petitioner 32
33
Mr. Knapp clarified that this petition was heard less than a year ago and the Board would be 34
determining if enough change from the previous submission warrants consideration for a hearing prior 35
to the end of the 365 day period (Article 3, Zoning Ordinance of the City of Prattville, Section 37, 36
as amended). 37
38
Mr. Stephens prior to his presentation of the request, mentioned the upcoming census count and 39
explained its benefits to the city. He encouraged everyone to participate in the census count. He also 40
mentioned that citizens who are interested in receiving notification about any city meetings can access 41
the city’s web page and sign up to receive Meeting Notifications. Mr. Stephens presented the request 42
for a rehearing stating that if the Board determines that there is sufficient change to rehear the case, it 43
must be heard at a subsequent meeting. 44
45
Kelly Steele of the Broadway Group, LLC, petitioner’s representative, presented the request for a 46
rehearing of their request to reduce the required 94 parking stalls to 52. She stated that they have 47
redesigned the parking lot to accommodate 52 parking spaces which is an increase of 17 spaces from 48
the 35 spaces initially requested. 49
50
Vice-Chairman Knapp opened the public hearing. He reiterated that the request was for consideration 51
of a rehearing only. 52
53
The following made comments: 54
Jerry Cimis, 141 N. Chestnut Street, stated that he’d recommend that the waiver be approved on 55
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Prattville Board of Zoning Adjustment
February 11, 2020 Minutes
Page 2 of 2
condition and would be in agreement that they could do less parking for improved aesthetics. 56
57
Jon Lee Finnegan, 211 Deer Trace, would be in favor of a re-hearing. 58
59
Debra Salvador, 1608 Ashwood Drive, stated she was against the re-hearing. 60
61
Bill Pearson, 691 Co Rd. 19, Autaugaville, supported the re-hearing. 62
63
After no further comments, the public hearing was closed. 64
65
Vice-Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. 66
Mr. Barrett moved to grant a rehearing for a variance on the same property in fewer than 365 days. 67
Mr. Parker seconded the motion. The motion to approve passed unanimously. 68
69
The BZA voted to call a special meeting for the rehearing of a variance request for 428 East Main 70
Street on Tuesday, February 18, 2020 at 4:00 p.m. 71
72
MISCELLANEOUS: 73
74
ADJOURN: 75
After no further comments, questions, or discussion the meeting was adjourned at 4:30 p.m. 76
77
Respectfully submitted, 78
79
80 81
Alisa Morgan, Secretary 82
Board of Zoning Adjustment 83
Page 1 of 2
Staff Report
Board of Zoning Adjustment
Use On Appeal 200310-01
MEETING DATE: March 10, 2020
PETITIONER: Jennifer Offhaus
PROPERTY OWNER: James & Angela Long
SUBJECT SITE: 393 Greystone Way
REQUEST: To operate a home day care center
CURRENT ZONING: R-2 Single-Family Residential
LOCATION: Greystone subdivision
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: Single-Family Residential (R-2)
East: Single-Family Residential (R-2)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Use on appeal in order to operate a day care out of a single-family residence
ZONING ORDINANCE REFERENCED:
Section 71 – Residential district requirements [abbreviated]
District Use Regulations
All “R” Districts USES PERMITTED ON APPEAL: Public utility structures, such as electric
substations, gas metering stations, sewage pumping stations and similar
structures; general hospitals for humans, except primarily for mental cases;
churches; cemeteries; semi-public buildings; golf courses; municipal, county,
state or federal use; kindergartens, nurseries, nursery schools, day care
centers, private schools; and satellite dishes or discs, not defined herein.
DRAFT
Page 2 of 2
ANAYLSIS/EVALUATION:
The Board should make the following determinations:
1. The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance.
2. Permitting this request will not establish a use prohibited in the R-2 zoning district.
a. This use is specifically listed as a use permitted on appeal (§71)
3. The proposed use will not cause a substantial adverse impact on property or improvements in the vicinity or in
this R-2 district.
The following are suggested questions, additional information, and/or conditions that may be considered:
1. Ingress/egress to property – how will the day care center be accessed for parents dropping off/picking up children
2. Parking – where will cars and other vehicles be parked? Off street, on street? How many at a time? A suggested
condition on this request would be to set a maximum number of vehicles to be parked at any one time (including
residents’ vehicles)
3. Number of children served – how many total children will be served at this location? A suggested condition on
this request would be to set a maximum number of children to be on-site or served at any time.
4. Outdoor activities – will any outdoor activities take place as part of the proposed day care business? Where,
when, and what type would take place?
5. Time – during what hours would the proposed day care operate? A suggested condition would be to set
acceptable operating hours.
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GREYSTONE WAYM EADOWBROOKDRCUMBERL
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Aerial Map - 393 Greystone Way
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HAMPSTEAD STASHWOOD DR CHANCELLORRI
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RAMBLINGBR O O K L N CULLIN AVESA N D S T ONE TRCE BRI
ARCLI
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CAMBRIDGE STREGENT RDEDINBURGH STTHISTLERDT HO RN TO N PLAMBROSE LNCUMBE
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Location Map - 393 Greystone Way
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Page 1 of 2
Staff Report
Board of Zoning Adjustment
Use On Appeal 200310-02
MEETING DATE: March 10, 2020
PETITIONER: Prattville Partners, Ltd
PROPERTY OWNER: Prattville Partners, Ltd
SUBJECT SITE: 1880 East Main Street
REQUEST: Variance to reduce number of required parking spaces
CURRENT ZONING: B-2 (General Business)
LOCATION: SW corner of E Main St and McQueen Smith Rd
SURROUNDING LAND North: Commercial/Aldi,Harbor Freight (B-2)
USES AND ZONING: South: Commerical and Single-Family Residential (B-2 and R-2)
East: Commercial (B-2)
West: Commercial (B-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: Preliminary Plat Approval (Prattville East Commercial Plat 5A (2/20/2020))
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. “We request a reduction of required parking from 5.0/1000sf to 4.0/1000sf for the shopping center” (from the
application)
ZONING ORDINANCE REFERENCED:
Article 11 – Parking Requirements (Ordinance 8-475; 6/20/1989)
Section 1(d) – Spaces required lists “Shopping Center” as requiring “Five spaces per each one thousand (1000) square feet
of gross leasable area”
ANAYLSIS/EVALUATION:
This shopping center was originally developed in the early 1990s with 199,475sf of building area, and 1,017 parking
spaces, resulting in a parking ratio of 5.1 spaces per 1,000sf (1017 spaces / (199,475sf/1000)). The number required for
that square footage is 998 parking spaces.
The applicant desires to develop outparcels on the north side of the center that would result in an overall reduction of total
parking spaces.
DRAFT
Page 2 of 2
The Board should make the following determinations:
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and
which are not applicable to other lands structures, or buildings in the same district.
2. That a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the ordinance.
3. That special conditions do not result from actions of the applicant (self-imposed hardship);
4. That granting of the variance will not confer any special privilege on the applicant that is denied by this ordinance
to other lands, structures, or buildings in the same district;
5. That granting of the variance is in harmony with the intent and purposes of the ordinance;
6. That the variance will not adversely affect surrounding property, the general neighborhood, or the community as a
whole;
7. That no non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted
or non-conforming use of lands, structures, or buildings in other districts were considered as a basis for the
issuance of a variance;
8. That the variance will not allow the establishment of a use not permissible under the terms of the ordinance in the
district involved, or any use expressly or by implication prohibited by the terms of the ordinance in said district;
9. The variance requested is the minimum adjustment necessary to enable the legal use of the land, building or
structure.
The following are suggested questions, additional information, and/or conditions that may be considered:
1. Shared parking and cross access – if variance is granted, it should be conditioned that all future outparcels or
other areas maintain a cross access agreement and shared parking agreement for all businesses at the shopping
center.
ADDITIONAL INFORMATION:
From the petitioner’s submitted plan:
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E MAIN ST
SEASONS DR MCQUEEN SMITH RD SCOMMERCE CTGLYNWOOD DRHEATHER DR
SANF
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TARA DR
E MAIN ST
SUMMERLNSEASONS DRMCQUEEN SMITH RD SDEED
RSANFORD DR
BRIARWOOD ST
GREYSTONEWAYHEATHERDR
COMMERCE CT
COBBS FORD RDGLYNWOOD DRAUTUMNRDSHEILA BLVDWINTERPL
PEBBLE CREEK DR
DOSS CTMCQUEEN VILLAGE RD
TWELVE OAKS LN
DELLWOOD C TAUTUMNCTESUMMERCTJAMESON CTAUTUMN CT WSEASONS CTBRIARWOOD S T
Location Map - 1880 East Main Street
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E MAIN ST
SEASONS DR
SANFORD DR MCQUEEN SMITH RD SCOMMERCE CTGLYNWOOD DRHEATHER DR
COBBS FORD RD
SUM
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B-2
R-2
B-2
B-2
B-1
R-5
R-5
R-2
R-5
Zoning Map - 1880 East Main Street
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R-5
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B-2
0 1,000500
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Page 1 of 2
Staff Report
Board of Zoning Adjustment
Use On Appeal 200310-03
MEETING DATE: March 10, 2020
PETITIONER: Bethany Murphy
PROPERTY OWNER: John & Bethany Murphy
SUBJECT SITE: 709 Hedgefield Way
REQUEST: To offer music instruction
CURRENT ZONING: PUD (Planned Unit Development)
LOCATION: Hedgefield subdivision
SURROUNDING LAND North: Single-Family Residential (PUD)
USES AND ZONING: South: Single-Family Residential (PUD)
East: Single-Family Residential (PUD)
West: Single-Family Residential (PUD)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Use on appeal in order to operate a Tier 2 home occupation for music instruction out of a single-family
residence
ZONING ORDINANCE REFERENCED:
Section 69.1 addresses home occupations and states that home occupations are to be “limited in extent and clearly
incidental and secondary to the use of the property for residential purposes.”
‘Tier 2 Home Occupations’ require use-on-appeal approval from the BZA, and on-site music instruction is listed
specifically as a Tier 2 use.
ANAYLSIS/EVALUATION:
The Board should make the following determinations:
1. The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance.
2. Permitting this request will not establish a use prohibited in the zoning district.
a. This use is specifically listed as a use permitted on appeal (§69.1)
3. The proposed use will not cause a substantial adverse impact on property or improvements in the vicinity or in
this PUD district.
The following are suggested questions, additional information, and/or conditions that may be considered: DRAFT
Page 2 of 2
1. Ingress/egress to property – how will the home be accessed for drop off/pick up
2. Parking – where will cars and other vehicles be parked? Off street, on street? How many at a time? A suggested
condition on this request would be to set a maximum number of vehicles to be parked at any one time (including
residents’ vehicles). The zoning ordinance states, “Any necessary parking shall be provided off-street and shall
be in addition to what is otherwise required for the residential use of the property, and shall not be in the front
yard.”
3. Number of students served – how many students/clients will be served at this location? Section 69.1 limits to no
more than two clients at a time, and no more than ten in a day. This number may be reduced by the BZA.
4. Outdoor activities – will any outdoor activities take place as part of the proposed use? Where, when, and what
type would take place?
5. Time – during what hours would the proposed use operate? A suggested condition would be to set acceptable
operating hours.
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HEDGEFIELD WAYHEDGEFIELD DR HEDGEFIELD WAYHEDGEFIELD DR
714
712
710
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706
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229227
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Aerial Map - 709 Hedgefield Way
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709 Hedgefield Way
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RD
604
606 603
505
718716
714
712
710
708
706
704
725723721
719
713
711
709
707
705
703
229227225
223
221219217215213211209
226224222220218
216
214212210
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609
605
601602
790
2709
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Location Map - 709 Hedgefield Way
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Streets
Subject Area
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709 Hedgefield Way
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RD
604
606 603
505
718716
714
712
710
708
706
704
725723721
719
713
711
709
707
705
703
229227225
223
221219217215213211209
226224222220218
216
214212210
612
609
605
601602
790
2709
2705
2706
2518
2529252525212517
P.U.D.
P.U.D.
P.U.D.
B-2
P.U.D.
Zoning Map - 709 Hedgefield Way
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Subject Area
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709 Hedgefield Way
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Page 1 of 2
Staff Report
Board of Zoning Adjustment
Use On Appeal 200310-05
MEETING DATE: March 10, 2020
PETITIONER: Brandon Potter
PROPERTY OWNER: Brandon Potter
SUBJECT SITE: 488 Golson Road
REQUEST: To operate a home lawn care business
CURRENT ZONING: FAR (Forest, Agricultural, Recreation)
LOCATION: Burton Manor subdivision
SURROUNDING LAND North: Private School/Autauga Academy (FAR)
USES AND ZONING: South: Single-Family Residential (PUD)
East: Single-Family Residential (PUD)
West: Single-Family Residential (PUD)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Use on appeal in order to operate a home occupation for lawn care service
ZONING ORDINANCE REFERENCED:
Section 69.1 addresses home occupations and states that home occupations are to be “limited in extent and clearly
incidental and secondary to the use of the property for residential purposes.”
‘Tier 2 Home Occupations’ require use-on-appeal approval from the BZA, and lawn care is listed specifically as a Tier 2
use.
ANAYLSIS/EVALUATION:
The Board should make the following determinations:
1. The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance.
2. Permitting this request will not establish a use prohibited in the zoning district.
a. This use is specifically listed as a use permitted on appeal (§69.1)
3. The proposed use will not cause a substantial adverse impact on property or improvements in the vicinity or in
this FAR district.
The following are suggested questions, additional information, and/or conditions that may be considered: DRAFT
Page 2 of 2
1. Parking and equipment – where will vehicles and equipment (e.g. trailers) be parked? Section 69.1(2)(d) states
“Any business-related materials or equipment, including trailers, must be kept inside the home or fully enclosed
behind a fence. On lots larger than one acre, materials or equipment may be located in rear or side yards, at least
fifty feet (50') from property line, without being enclosed.” The subject property is approximately 1.79 acres.
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GOLSON RDASBURY DROJ HOW
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