2003-Mar 10 BZA1 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
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.
Approved 5/12/20
Prattville Board of Zoning Adjustment March 10, 2020 Minutes Page 1 of 4
City of Prattville Board of Zoning Adjustment Minutes March 10, 2020
CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by
Chairman Jerry Crosby at 4:00 p.m. on Tuesday, March 10, 2020. ROLL CALL: Present: Chairman Jerry Crosby, Vice Chairman Charles Knapp, and Mr. Billy Barrett. Absent: Mr. James Miles and Ms. Jerry Schannep. Also present was supernumerary member Mr. Neal Parker. Quorum Present Staff present: Mr. Scott Stephens, City Planner and Ms. Alisa Morgan, Secretary.
OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: USE-ON-APPEAL To operate a home child daycare business 393 Greystone Way R-2 (Single Family Residential) Jennifer Offhaus, Petitioner Mr. Knapp introduced the use-on-appeal request to operate a home child daycare business at 393
Greystone Way. Mr. Stephens provided the staff report. Jennifer Offhaus, petitioner, presented the request to operate a home child daycare business at 393 Greystone Way. She stated that there would be five (5) children in her care and would operate from 7 am to 5 pm weekly on Monday thru Friday. She stated that she rents the property and the owners have consented to the proposed use. There will be no changes to the property and no signs posted. She stated that the property has a fenced yard. Chairman Crosby opened the public hearing. Jon Lee Finnegan, 211 Deer Trace, expressed her concerns about a pool on the adjacent property and if
extra precautions would be provided. Ms. Offhaus addressed the public comment stating that the children would be supervised during outside play. She stated that there is fencing on this property and the property with the pool. Letters of opposition were received from Brenda and Barry Shaffer, 1707 Meadowbrook Drive and
Gary and Jean Holley, 1712 Meadowbrook Drive. After no further comments, the public hearing was closed. Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. Barrett moved to establish the findings of fact stating that 1) the proposed day care is an allowable use-on-appeal, and is not a prohibited use in a R-2 district; 2) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the proposed use
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Prattville Board of Zoning Adjustment March 10, 2020 Minutes Page 2 of 4
will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Knapp
seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Parker moved to approve the request as
submitted based on the approved findings of fact. Mr. Knapp seconded the motion. The motion to approve passed unanimously.
The BZA voted to approve the use-on-appeal to operate a home child daycare for property located at 393 Greystone Way. VARIANCE To reduce the required parking spaces. 1880 East Main Street
B-2 (General Business) Prattville Partners, LTD, Petitioner Mr. Barrett introduced the variance request to reduce the required parking spaces at 1880 East Main Street. Mr. Stephens provided the staff report. He presented maps of the parking lot of various years
and days showing the use of the parking lot. He stated that it appeared that 1/3 of the parking spaces are being utilized in the aerial photographs.
Kevin McLaughlin of Aronov Realty Management, Inc., petitioner’s representative, presented the variance request to reduce the required parking spaces. He stated that they are trying to make this a viable shopping center. He stated that Parcel C received preliminary plat approval from the Planning
Commission and they hope to develop Parcel D in the near future. Mr. Barrett asked if a traffic study was done to count the daily activity within the parking lot. Mr. McLaughlin stated that a traffic study had not been conducted since the shopping center is currently under used. Chairman Crosby opened the public hearing. There were none to speak. The public hearing was closed. Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. Parker moved to establish the findings of fact stating that 1) granting of a variance is in harmony with the intent and purposes of the zoning ordinance; 2) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole; and 3) that a variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance in a B-2 district. Mr. Knapp seconded the motion. The motion to approve the findings of fact passed unanimously.
After no further discussion, the vote was called. Mr. Knapp moved to approve the request as submitted based on the approved findings of fact. Mr. Barrett seconded the motion. The motion to approve passed unanimously.
The BZA voted to approve the variance to reduce the required parking spaces for property located at 1880 East Main Street.
USE-ON-APPEAL: To operate home music studio business.
709 Hedgefield Way PUD (Planned Unit Development) Bethany Murphy, Petitioner Mr. Knapp introduced the use-on-appeal request to operate home music studio business. Mr. Stephens
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Prattville Board of Zoning Adjustment March 10, 2020 Minutes Page 3 of 4
provided the staff report. He stated that the property is located in the newly developed Hedgefield
Subdivision and is zoned PUD. Bethany Murphy, petitioner, stated that she has taught music for 20 years from her home and wants to
continue teaching at her new location. She stated that she would see a maximum of 15 students with no more than one to two at a time. She teaches weekly on Tuesday, Wednesday and Thursday.
Mr. Parker asked what her measures were for sound abatement. Ms. Murphy stated that the piano is next to an inside wall in a carpeted room. She also clarified special events is for her performances only; there would be no special events held on the property.
Chairman Crosby opened the floor for public comments. Jon Lee Finnegan, 211 Deer Trace, expressed her concerns about the noise and asked if there would be opened windows in that music room. Ms. Murphy addressed the concern about noise stating that the window faces the street and not the side of the home. She stated that she lived and taught previously on Sheila Blvd. and in the 20 years there she had never received any noise complaints.
The public hearing was closed. Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr.
Knapp moved to establish the findings of fact stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 2) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Parker
seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Barrett moved to approve the request as submitted based upon the approved findings of fact. Mr. Knapp seconded the motion. The motion to approve passed unanimously.
The BZA voted to approve the use-on-appeal to operate home music studio business for property located at 709 Hedgefield Way. USE-ON-APPEAL To operate a home lawn care business 488 Golson Road Brandon Potter, Petitioner Mr. Barrett introduced the use-on-appeal request to operate a home lawn care business. Mr. Stephens provided the staff report.
Brandon Potter, petitioner, presented the request for home lawn care business at 488 Golson Road. He stated that all equipment would be stored in a detached building. He stated that he had spoken with the president of his HOA. Chairman Crosby opened the floor for public comments. There were none to speak, the public hearing was closed.
Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. Parker moved to establish the findings of fact stating that 1) the proposed home occupation is an allowable use-on-appeal, and is not a prohibited use in a FAR district; 2) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Knapp seconded the motion. The motion to approve the findings of fact passed unanimously.
Approved 5/12/20
Prattville Board of Zoning Adjustment March 10, 2020 Minutes Page 4 of 4
After no further discussion, the vote was called. Mr. Knapp moved to approve the request as
submitted based upon the approved findings of fact. Mr. Barrett seconded the motion. The motion to approve passed unanimously.
The BZA voted to approve the use-on-appeal to operate a home lawn care business for property located at 488 Golson Road.
MINUTES: Mr. Barrett moved to approve the minutes of the February 11, 2020, regular meeting. Mr. Parker seconded the motion. The motion to approve passed unanimously.
Mr. Stephens asked to clarify the understanding of the appearance of the building materials as discussed at the February 18, 2020, special meeting. At the meeting, Ms Steele, of the Broadway Group, presented two samples of fiber cement board proposed to be used on the exterior of the building. One had the appearance of a red or darker colored brick, and the other had the appearance of a whitewashed or stone colored brick. Mr. Stephens asked for confirmation that those samples were indicative of what the BZA understood were going to be used on the exterior of the proposed Dollar General, as well as clarification of “stone or stone-appearance.” The members of the Board all indicated that their understanding at the
meeting on the 18th was that “brick or brick-appearance” and “stone or stone-appearance” as discussed and listed in the minutes were the same as the fiber cement samples that were exhibited at the meeting by Ms. Steele, and that the whitewashed or lighter colored sample had the “stone or stone-appearance.” Mr. Parker moved to approve the minutes of the February 18, 2020, special meeting. Mr. Knapp seconded the motion. The motion to approve passed unanimously.
MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:50 p.m.
Respectfully submitted,
Alisa Morgan, Secretary
From:Brenda Shaffer
To:Morgan, Alisa
Subject:Notice of Public Hearing 393 Greystone Way
Date:Monday, March 2, 2020 4:55:58 PM
Hello Ms Morgan,
I just received the public notice in reference to Jennifer Offhaus at 393 Greystone Way
requesting to operate a home child daycare center business.
I am very much opposed to having a home operated business in a residential area. Thenoise level would bother the quiet neighborhood that we now have and would alsoincrease traffic.
The notice that I received from you was addressed to Gregory & Nicole Repko. We are thenew owners.
Will it be necessary for me to attend the hearing to voice my disapproval or will this email act
as my record.
Please let me know.
Sincerely,
Brenda & Barry Shaffer1707 Meadowbrook Drive
Prattville, AL. 36066
From:Gary Holley
To:Morgan, Alisa
Subject:Jennifer Offhaus 393 Greystone Way
Date:Sunday, March 8, 2020 11:14:20 AM
I live at 1712 Meadowbrook Dr. We received our letter regarding an appeal to operate home child daycare business
which we are very much against. Greystone is a one way in and out subdivision and is busy with traffic on a normalday. We are also concerned with the noise factor and appearance of this home and yard. Property valve is a majorconcern also who wants to live by a daycare ? I cannot imagine why anyone would want a daycare in Greystone .
Thank you,Gary and Jean HolleySent from my iPhone
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.
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.
GREYSTONE WAYM EADOWBROOKDRCUMBERL
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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.
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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SEASONS DR MCQUEEN SMITH RD SCOMMERCE CTGLYNWOOD DRHEATHER DR
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TARA DR
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SUMMERLNSEASONS DRMCQUEEN SMITH RD SDEED
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COBBS FORD RDGLYNWOOD DRAUTUMNRDSHEILA BLVDWINTERPL
PEBBLE CREEK DR
DOSS CTMCQUEEN VILLAGE RD
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Location Map - 1880 East Main Street
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COBBS FORD RD
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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:
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.
HEDGEFIELD WAYHEDGEFIELD DR HEDGEFIELD WAYHEDGEFIELD DR
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709 Hedgefield Way
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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:
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.
GOLSON RDOJ HOWA
R
D
L
N
Aerial Map - 488 Golson Road
±
Legend
Subject Area
Autauga Tax Parcels
0 200100
Feet Locations are approximate
GOL
S
O
N
R
D
RED ROCK RIDGE
ASBURY
D
R
LONGF
IELD
DRBRADBURYLNLOWER GAINESVILLE RD
OJ HOW
A
R
D
L
N
OLD
C
AMPRD
SHAMROCK
L
N
ASBURY CTLocation Map - 488 Golson Road
±
Legend
Subject Area
Autauga Tax Parcels
0 2,0001,000
Feet Locations are approximate
GOLSON RDASBURY DROJ HOW
A
R
D
L
N
ASBURY CTLOWER GAINESVILLE RDSHAMROCK
L
N
GOLSON R
D
F.A.R.
Zoning Map - 488 Golson Road
±
Legend
Subject Area
Autauga Tax Parcels
F.A.R.
0 500250
Feet Locations are approximate