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2006-Jun 09 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 June 9, 2020 4:00pm Call to Order: Roll Call: Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., and Mrs. Jerry Schannep. Minutes: May 12, 2020 Old Business: 1. 200414-02 USE-ON-APPEAL: To operate a home lawn care business. 648 Vintage Way R-5 (Patio Garden Homes) Brandon Vaughn, Petitioner Tabled 5/12 Public Hearing District 7 New Business: 2. 200609-01 USE-ON-APPEAL: To allow use of a camper park in a FAR Zoning District. 1015 Loren Street FAR (Forest, Agricultural, Recreation) George Walthall, III, Petitioner Public Hearing District 2 3.200609-02 VARIANCE: To allow a carport encroachment. 1809 Tara Drive R-2 (Single Family Residential) Miles Bishop, Petitioner Public Hearing District 5 4. 200609-03 USE-ON-APPEAL: To allow a single family residence in a M-1 Zoning District. 480/490 Upper Kingston Road M-1 (Light Industrial) Gina Grier, Petitioner Public Hearing District 2 5. Proposed Amendments: Board of Zoning Adjustment By-Laws 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 7/14/20 Prattville Board of Zoning Adjustment June 9, 2020 Minutes Page 1 of 4 City of Prattville Board of Zoning Adjustment Minutes June 9, 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, June 9, 2020. ROLL CALL: Present: Chairman Jerry Crosby, Vice Chairman Charles Knapp, Mr. Billy Barrett, Mr. Greg Duke and Ms. Jerry Schannep. Absent: None. Quorum Present Staff present: Mr. Scott Stephens, City Planner and Ms. Alisa Morgan, Secretary. OLD BUSINESS: USE-ON-APPEAL To operate a home lawn care business. 648 Vintage Way R-5 (Patio Garden Homes) Brandon Vaughn, Petitioner The use-on-appeal request for a home lawn care at 648 Vintage Way was postponed at the previous meeting (5/12/20) since there was no representative present. Mr. Stephens provided the staff report for a use-on-appeal to allow home occupation for lawn care business on property currently zoned as R-5, Patio Garden Homes for single family residential, located at 648 Vintage Way. Brandon Vaughn, petitioner, presented the request for a use-on-appeal to allow for a lawn care business on property at 648 Vintage Way. He stated that the equipment would be stored in the garage. Chairman Crosby opened the floor for public comments. There being none, 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 home occupation is an allowable use-on-appeal, and is not a prohibited use in a R-5 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. After no further discussion, the vote was called. Mr. Barrett 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 lawn care business on property located at 648 Vintage Way. Approved 7/14/20 Prattville Board of Zoning Adjustment June 9, 2020 Minutes Page 2 of 4 NEW BUSINESS: USE-ON-APPEAL To allow use of a camper park in a FAR Zoning District. 1015 Loren Street FAR (Forest, Agricultural, Recreation) George Walthall, III, Petitioner Mr. Stephens provided the staff report for a use-on-appeal to allow a camper park use on property currently zoned as FAR, Forest, Agricultural, Recreation, located at 1015 Loren Street. He stated that the property is currently used for mobile home lots. He stated that the property currently uses a septic tank and the petitioner must coordinate with the county’s health department on sewer requirements. George Walthall, III, petitioner, presented the request to allow a camper park use on property located at 1015 Loren Street. He stated that the existing mobile homes would remain and the campers would utilize the current vacant lots. Chairman Crosby opened the public hearing. Kristy Cumbie, 405 Reynolds Mill Road, also representing her mother, Lois Reynolds, 410 Reynolds Mill Road, spoke in opposition to the request. She stated that she was concerned and doesn’t want the park to encroach onto their property. After no further comments, the public hearing was closed. Mr. Walthall addressed the public comment stating that he will get the property surveyed to ensure that there is no encroachment onto other properties. He stated that there are currently 6 vacant lots on the property which has a total of 19 lots. 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) the proposed RV Park 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. Mrs. Schannep 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 based on the approved findings of fact contingent that approval is granted for the number of existing lots only, expansion beyond the existing would require additional BZA approval. Mr. Duke seconded the motion. The motion to approve passed unanimously as recorded. The BZA voted to approve the use-on-appeal to allow use of a camper park in a FAR Zoning District with contingencies on property located at 1015 Loren Street. VARIANCE To allow a carport encroachment. 1809 Tara Drive R-2 (Single Family Residential) Miles Bishop, Petitioner Mr. Stephens provided the staff report for a variance to allow a carport to encroach into the side yard setback. The property currently zoned as R-2, Single Family Residential, located at 1809 Tara Drive requires a 10 foot side setback for an attached carport. He stated that the petitioner is requesting to build the carport within 3.9 feet of the property line. Charles Nelson along with Robin Nelson of Tri-County Screen Enclosures, petitioner’s representative, Approved 7/14/20 Prattville Board of Zoning Adjustment June 9, 2020 Minutes Page 3 of 4 presented the variance request to allow a carport to encroach into the side yard setback on property located at 1809 Tara Drive. He stated that gutter would be placed to drain with the current natural flow. Mrs. Nelson explained that the petitioner has an invalid child and it is necessary for them to have the carport covering for the child. Chairman Crosby opened the floor for public comments. There being none, the public hearing was closed. Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. Duke moved to establish the findings of fact stating that 1) special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are applicable to other lands structures, or buildings in the same zoning district; 2) that 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. Mr. Barrett 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. Duke seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance to allow a carport encroachment on property located at 1809 Tara Drive. USE-ON-APPEAL To allow a single family residence in a M-1 Zoning District. 480/490 Upper Kingston Road M-1 (Light Industrial) Gina Grier, Petitioner Mr. Stephens provided the staff report for a use-on-appeal to allow a single family residence in a M-1 zoning district on property located at 480/490 Upper Kingston Road. He stated that the use is allowed in the district with the Board’s approval. Gina Grier, petitioner, presented the request to allow a single family residence on property located at 480/490 Upper Kingston Road. She stated that there are no plans to operate a business on the lot. The existing structures will remain with the smaller structure becoming the base of the resident and the barn like structure will be improved for a workshop. Chairman Crosby opened the floor for public comments. Jon Lee Finnegan, 211 Deer Trace asked questions about the use of the barnlike structure. Travis Grier, 341 Bedford Terrace, spoke in favor of the request. After no further comments, 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) the proposed residential use is an allowable use-on-appeal, and is not a prohibited use in a M-1 district; 2) development of the proposed use at 480/490 Upper Kingston Road 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. Barrett seconded the motion. The motion to approve the findings of fact passed unanimously. Approved 7/14/20 Prattville Board of Zoning Adjustment June 9, 2020 Minutes Page 4 of 4 After no further discussion, the vote was called. Mr. Duke 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 use-on-appeal to allow a single family residence in a M-1 Zoning District on property located at 480/490 Upper Kingston Road. Proposed Amendments: Board of Zoning Adjustment By-Laws Mr. Stephens introduced to the BZA proposed changes to their current By-Laws. He recommended postponing action of the amendments to allow the Board time to further review the proposed changes. Mr. Duke moved to postpone action of accepting the proposed amendments until the next meeting. Mr. Barrett seconded the motion. The motion to table passed unanimously. MINUTES: Mr. Knapp moved to approve the minutes of the May 12, 2020, regular meeting. Mr. Barrett seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:54 p.m. Respectfully submitted, Alisa Morgan, Secretary From:Ron Franks To:Morgan, Alisa Subject:Public Hearing, May 12 @ 4:00 pm Date:Monday, May 4, 2020 7:20:42 PM This is regarding Mr. Brandon Vaughn’s petition to operate a home lawn care business at 648 Vintage Way. I live directly across the street from him. Mr. Vaughn is a good neighbor and I have no specific issue with his request. However, I do have a couple of concerns. I hope this doesn’t turn into a situation where he will be parking lots of vehicles and equipment on his property or in the street. Another concern is the potential for him to be leaving large piles of grass clippings in the street for the city to pick up. I don’t believe the city should be picking up refuse generated by a commercial enterprise. I don’t think Mr. Vaughn would do these things but I merely want to go on record stating I won’t be at all happy if these situations arise. Regards, Ron Franks 649 Vintage Way Prattville, AL 36067 334-595-1025 franks1234@att.net Page 1 of 2 Staff Report Board of Zoning Adjustment Use On Appeal 200414-02 MEETING DATE: May 12, 2020 PETITIONER: Brandon Vaughn PROPERTY OWNER: Brandon Vaughn SUBJECT SITE: 648 Vintage Way REQUEST: To operate a home lawn care business CURRENT ZONING: R-5 Patio Garden Homes LOCATION: The Oaks at Buena Vista subdivision SURROUNDING LAND North: Single-Family Residential (R-5) USES AND ZONING: South: Single-Family Residential (Unincorporated) East: Agriculture Research Center (Unincorporated) West: Single-Family Residential (R-5) 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: Below is the staff assessment of the three general question applicable to uses-on-appeal: 1. Is the proposed use an allowable use-on-appeal, and not a prohibited use in an R-5 district? The requested use is an allowable use-on-appeal. The proposed use is not a prohibited use in an R-5 district. 2. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of Prattville Zoning Ordinance? Page 2 of 2 The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. A lawn care business is specifically listed as a use permitted on appeal (§69.1) in the Zoning Ordinance. 3. Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses? The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in this R-5 district, if equipment is properly stored. The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances of the city. The Board shall make written findings determining that the proposed use-on-appeal will not (§35): 1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed; 2. Permit the establishment of a use prohibited in the zoning district; or 3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the proposed use is located. The following are suggested questions, additional information, and/or conditions that may be considered: 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 0.19 acres. V IN T A G E W Y V IN T A G E W Y 648646644642 640 649647 645 643 641 Aerial Map - 648 Vintage Way ± Legend Address Points Streets Subject Area Autauga Tax Parcels 0 10050 Feet Locations are approximate VINTAGE WYOLDMILLWYBUENA VISTA BLVD BUENA VISTA LP COTTON BLOSSOM WY VINTAGE WYOLD MILL WYBUENA VISTA BLVD BUENA VISTA LP 544 542 543 541 648646644642640638 649647645643641639 525 521 538 536 534 530 522 518 540537 532 529 528 527 526 524 523 520 635633 631 629 627 625 623 621 619 628 626 624 622 620 615 614 752 750 748 746 744 742 740 630 1625 1621 1619 1617 1615 1618 1616 1614 1612 1804 1802 1801 Location Map - 648 Vintage Way ± Legend Address Points Streets Subject Area Autauga Tax Parcels 0 375187.5 Feet Locations are approximate V I N T A G E W Y V IN T A G E W Y 648646644642640638 649647 645 643 641639635633 628 630 R-5R-5 R-3 Zoning Map - 648 Vintage Way ± Legend Address Points Streets Subject Area Autauga Tax Parcels R-3 R-5 0 200100 Feet Locations are approximate From:Kathryn Berryhill To:Morgan, Alisa Cc:KReyno2166@aol.com; kcumbie0926@gmail.com; Mom22chicks@aol.com Subject:PUBLIC HEARING FOR REZONE Date:Sunday, June 7, 2020 9:52:27 PM In response to the Public Hearing on the property located at 1015 Loren Street, Prattville, Alabama. We are opposed to the request to rezone the property as a camper park. We have not had adequate time to research and prepare our argument against the request torezone, but do submit the following: Currently there are mobile homes located on the property in question and there does not appearto be sufficient space for a camper/RV park without encroaching on property owned by ourfamily(Parcel # 19-08-28-2-000-046.004). There are other reasons why we oppose the rezoning. Our concerns are based on fact it willbring more transients to the area. The increase in transient population also provides anopportunity for increased crime, such as break-ins and drugs, which would disrupt the lives ofseveral families in the area We understand that not all people who would have need for long-term use of a camper/RV parkare bad people. There is already a camper/RV park located on County Road 4 (Langford Park).We do not see the need to add another one in the area. Please consider voting "NO" on the rezoning. Lois F Reynolds and James Reynolds (deceased) 410 Reynolds Mill Rd. Kristy Reynolds Cumbie 405 Reynolds Mill Rd. (Home) 426 Reynolds Mill Rd. Kathryn Reynolds Berryhill 421 Reynolds Mill Rd. Kelly Reynolds Cowart and Archie N. Cowart 404 Reynolds Mill Rd. Use-on-Appeal 200609-01 Page 1 CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report SUMMARY FACTS # Use-on-Appeal 200609-01: PETITIONER: George Walthall III PROPERTY OWNER: George Walthall III SUBJECT SITE: 1015 Loren Street REQUEST: The owner is requesting use on appeal to create a Recreational Vehicle (RV) Park CURRENT ZONING: FAR – Forest, Agricultural, Recreation LOCATION: 1015 Loren Street SURROUNDING LAND North: Unincorporated / Forest, Agricultural, Recreation (FAR) USES AND ZONING: South: Forest, Agricultural, Recreation (FAR) East: Forest, Agricultural, Recreation (FAR) West: Forest, Agricultural, Recreation (FAR) DEVELOPEMNT STATUS & HISTORY: Previous Variance Requests/Approval: No Previous Requests for subject property Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1.A Use-on-Appeal has been requested to create a Recreational Vehicle (RV) Park on subject property ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Section 74. – Forest, Agricultural, Recreation. Section 74 USES PERMITTED: General and specialized farming, forestry and agricultural uses, except commercial feed lots; roadside stands for the sale of produce raised on the farm premises. Conservation areas and structures for the development, protection, preservation and conservation of open space, watersheds, water, soil, forest and wildlife resources. Parks, playgrounds, play fields, general recreation facilities, golf courses and clubhouses. Single-family detached dwellings. Accessory structures or use customarily incidental to any of the aforementioned permitted uses. Home occupations only in accordance with the provisions specified in Article 6. USES PERMITTED ON APPEAL: Churches and other places of worship, schools offering general education courses, clubs not conducted for profit, outdoor advertising signs and structures, plant nurseries and greenhouses, hospitals, sanitariums, nursing Agenda Item #200609-01 Use-on-Appeal 200609-01 Page 2 STAFF ANALYSIS: The applicant is proposing to establish parking sites for recreational vehicles (RVs) mixed within the existing mobile home park on Loren Street. Approximately 10 mobile homes are currently parked and inhabited at the property. Applicant proposes to enhance seven (7) existing spots that are currently vacant to more appropriately fit RVs. These spots formerly had mobile homes on them that have already been removed. Long term, the applicant envisions more RV lots once existing mobile homes are vacated and moved off the property. Applicant currently owns approximately half of the mobile homes on the property and leases them to tenants. The remaining mobile homes that the property owner does not own lease a lot from the property owner. The applicant proposes to lease lots for the RVs proposed. Applicant has made minor improvements to the proposed RV sites including raised pads with gravel and slag in front of the mobile home/RV parking spots. Applicant has also made some improvements to the mobile homes in which he owns on the property. Based on staff conversations with applicant, he intends to lease the RV spots on a month-to-month basis. Property is not on municipal sewer system and instead uses large septic facility serving all mobile homes on property. Property is also on one master water meter. 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 FAR zoning district. a.Campground is listed as a Use Permitted on Appeal in the zoning ordinance (§74). 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: 1. Are the proposed RV lots for permanent parking or temporary parking? 2. Ingress/egress to property – how often will RVs be moved in and out of this property? 3. What size and type of RVs are expected on these parking spaces? (motorhomes, pull behind campers, popup campers, etc.) 4. Where will the RV residents park personal vehicles? 5. Will improvements be made to the RV sites to allow easy in and out of the RV? homes and orphanages, resorts, campgrounds, riding academies and stables, airports, sanitary landfills, quarries, railroad rights-of-way, cemeteries, and essential community facilities. Accessory structures or uses customarily incidental in any of the aforementioned conditional uses. USES PROHIBITED: All uses not permitted or permitted on appeal are prohibited. Article 1. Section 5.b. Building lots, yards and open spaces 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. Agenda Item #200609-01 Use-on-Appeal 200609-01 Page 3 6. What utilities are available? (Sewer or Septic? Water? Power?) 7. Is existing wastewater infrastructure in good repair and will will existing septic system accommodate additional capacity of proposed recreational vehicles? Section 68. - Definitions Camping and recreational equipment. As used in this ordinance, "camping and recreational equipment" is defined and shall include the following: Recreational vehicle. A recreational vehicle is a vehicular-type structure, primarily designed as temporary living quarters for recreation, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered. With allowances for engineering variations, the basic entities are: a)A "travel trailer" is a vehicular portable structure, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a stock passenger automobile, primarily designed and constructed to provide temporary living quarters for recreation, camping and travel use. b) A "camping trailer" is a vehicular portable structure, mounted on wheels, constructed with collapsible partial side walls of fabric, plastic, or other pliable material for folding compactly while being drawn by another vehicle, and, when unfolded at the site or location, providing temporary living quarters, and whose primary design is for recreation, camping or travel use. c)A "truck camper" is a portable structure, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreation, camping, or travel use. d) A "motor home" is a structure built on and made an integral part of a self-propelled motor vehicle chassis other than a passenger car chassis, primarily designed to provide temporary living quarters for recreation, camping, and travel use. e)Vehicle shall also include any boat or vehicle designed to be used on waterways, lakes, rivers, or any other large body of water. Dwelling. A house or other building used primarily as an abode for one (1) family except that the word "dwelling" shall not include boarding or rooming houses, tents, tourist camps, hotels, trailers, trailer camps, or other structures designed or used primarily for transient residents. House trailer. The term "house trailer" shall be construed to mean and include any structure intended for, or capable of, human habitation, mounted upon wheels and capable of being driven, propelled, or towed from place to place without change in structure or design, by whatsoever name or title it is colloquially or commercially known. Removal of wheels and placing such a structure on the ground, piers, or other foundation, shall not remove such a vehicle from this definition; provided, that this definition shall not include transport trucks or vans equipped with sleeping space for a driver or drivers. PLANNING STAFF EVALUATION: Reviewed by: Darrell Rigsby, Senior Planner Recommendation: The board shall determine if the petitioner is disrupting the character of the neighborhood by allowing the property to include camper trailers in locations historically occupied by manufactured homes. Agenda Item #200609-01 LOREN STREYNOLDS MILL RDLOREN ST REYNOLDS MILL RD Aerial Map - Loren St-1015 (Walthall Mobile Home Park) ± Legend Subject Area Address Points Streets Autauga Tax Parcels 0 250125 Feet Locations are approximate Agenda Item #200609-01 CO R D 4 E ORTON STWASHINGTON FERRY RDLOREN STHALEY CTREUBEN RD G S RD REYNOLDS MILL RD LANGFORD LNLANGFORD CTLANGFORD DRSPRING STINDUSTRIAL PARK RDLANGFORD WAY LOREN ST LANGFORD CTLocation Map - Loren St-1015 (Walthall Mobile Home Park) ± Legend Subject Area Address Points Streets Autauga Tax Parcels 0 1,000500 Feet Locations are approximate Agenda Item #200609-01 LOREN STREYNOLDS MILL RDLOREN ST REYNOLDS MILL RD F.A.R. B-1 Zoning Map - Loren St-1015 (Walthall Mobile Home Park) ± Legend Subject Area Address Points Streets Autauga Tax Parcels B-1 F.A.R. 0 250125 Feet Locations are approximate Agenda Item #200609-01 Agenda Item #200609-01 Agenda Item #200609-01 Agenda Item #200609-01 Agenda Item #200609-01 Agenda Item #200609-01 Variance 200609-02 Page 1 CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report SUMMARY FACTS # Variance 200609-02: PETITIONER: Tri-County Screen Enclosures PROPERTY OWNER: Michelle Leigh Hamby SUBJECT SITE: 1809 Tara Drive REQUEST: The owner is requesting a variance to build a carport within the required setback. CURRENT ZONING: R-2 (Single-Family Residential) LOCATION: 1809 Tara Drive 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 Variance Requests/Approval: No Previous Approvals Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. A variance has been requested for a carport that will not meet the minimum side setback of 10ft. 2. The petitioner is requesting to build a carport within 3’9” of the property line. ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Section 71. - Residential district requirements. Section 71 MINIMUM YARD SIZE: Front Yard: 35 feet; Rear Yard: 40 feet; Side Yard: 10 feet. AGENDA ITEM #200609-02 Variance 200609-02 Page 2 STAFF ANALYSIS: The applicants request is for a proposed open frame carport structure and is depicted in the attached site plan submitted with an initial accessory structure permit application. Per the applications hand drawn site plan, the carport is going to be attached to the dwelling, therefore it has to meet the R-2 side setback of 10ft. If the carport was unattached to the dwelling it would only have to meet a 5ft. setback because it would be considered an Accessory Structure but the 5ft setback would still overlap unto the adjoining property located to the left 1809 Tara. PLANNING STAFF EVALUATION: Reviewed by: Tommie Williams, Planner Recommendation: The board shall determine if a legitimate hardship is found with the placement of the proposed structure. A distinctive topographic variation, unique lot layout, or something that results from conditions that are unique to the property can hold standing as hardship. The hardship shall not be self-created. AGENDA ITEM #200609-02 ± Legend Subject Area Autauga Tax Parcels 0 10050 Feet Locations are approximate Aerial Map - 1809 Tara Drive AGENDA ITEM #200609-02 TARA DR SHEILA BLVDAUTUMN RDSWEET RIDGE RDSEASONS DR SUMMERLN WINTERP L DANIEL PRATTHARVEST LPAUTUMN CT EAUTUMN CT WSEASONS CTTARA DRSHEILA BLVDAUTUMN RDSWEET RIDGE RDSEASONS DR SUMMER LN WINTER PL DANIEL PRATT HARVEST LP AUTUMN CT E± Legend Subject Area Streets Autauga Tax Parcels 0 500250 Feet Locations are approximate Location Map - 1809 Tara Drive AGENDA ITEM #200609-02 TARA DR AUTUMN RDTARA DR AUTUMN RDR-2 ± Legend Subject Area Streets Autauga Tax Parcels R-2 0 10050 Feet Locations are approximate Zoning Map - 1809 Tara Drive AGENDA ITEM #200609-02 AGENDA ITEM #200609-02 AGENDA ITEM #200609-02 CITY OF PRATTVILLE Board of Zoning Adjustments Planning Department Staff Report SUMMARY FACTS # Variance 200609-03: PETITIONER: Gina Grier PROPERTY OWNER: Same SUBJECT SITE: 480/490 Upper Kingston Road REQUEST: Construction of a single family residence CURRENT ZONING: M-1 (Light Industrial) LOCATION: 480/490 Upper Kingston Road FUTURE LAND-USE MAP: Low-Density Residential SURROUNDING LAND North: Single-Family Residential (R-2) USES AND ZONING: South: Light Industrial (M-1) East: Light Industrial (M-1) West: Light Industrial (M-1) DEVELOPEMNT STATUS & HISTORY: Previous Variance Requests/Approval: No Previous Approvals Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. Construct a single-family resident in an M-1 zoned district. ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Section 73. - Industrial business requirements. AGENDA ITEM #200609-03 Use Regulation M-1 (Light Industry) USES PERMITTED ON APPEAL: Any manufacturing or business use not specifically prohibited herein, including metal fabrications. Any use permitted or permitted on appeal in an R-3 Residential District, and subject to all district requirements of said district as specified in Section 71 hereof. STAFF ANALYSIS: The applicants request is for a proposed single family dwelling in an M-1 zoned district. The fabric of the neighborhood is residential throughout, even though the district is zoned M-1. To the north, east, west, and south are single-family dwellings. Located directly north of 480/490 Upper Kingston the zoning is R- 2. PLANNING STAFF EVALUATION: Reviewed by: Tommie Williams, Planner Recommendation: The board shall determine if the petitioner is disrupting the character of the neighborhood and since the surrounding area is predominately residential the Planning Department recommends approval. AGENDA ITEM #200609-03 EASY ST U P P E R K I N G S T O N R D E A S Y C TEASY ST U P P E R K I NG S TO N R D ± Legend Subject Area Address Points Streets Autauga Tax Parcels 0 10050 Feet Locations are approximate Aerial Map - 490 Upper Kingston Road AGENDA ITEM #200609-03 7TH ST N COURT ST8TH ST 9TH ST EASY ST U P P E R K I N G S T O N R D NEWBY ST WALNUT ST E A S Y CTFAULK QTRS7TH STN COURT ST8TH ST 9TH STEASY ST U P P E R K I NG S TO N R D NEWBY ST WALNUT ST EA S Y C T ± Legend Subject Area Address Points Streets Autauga Tax Parcels 0 1,000500 Feet Locations are approximate Location Map - 490 Upper Kingston Road AGENDA ITEM #200609-03 EASY ST EASY CTU P P E R K I NG S TO N R D EASY ST U P P E R K I N G S T O N RD EAS Y C T M-1 R-2 R-3 R-3 ± Legend Subject Area Address Points Streets Autauga Tax Parcels R-2 R-3 M-1 0 15075 Feet Locations are approximate Zoning Map - 490 Upper Kingston Road AGENDA ITEM #200609-03 AGENDA ITEM #200609-03 AGENDA ITEM #200609-03 AGENDA ITEM #200609-03 AGENDA ITEM #200609-03 AGENDA ITEM #200609-03 AGENDA ITEM #200609-03 AGENDA ITEM #200609-03 AGENDA ITEM #200609-03