2007-July 14 BZA
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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
July 14, 2020
4:00pm
Call to Order:
Roll Call:
Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., Mr. Greg Duke, and Mrs. Jerry Schannep.
Minutes:
June 9, 2020
Old Business:
1. Proposed Amendments: Board of Zoning Adjustment By-Laws
Tabled 5/12
New Business:
2. 200714-01 USE-ON-APPEAL:
To operate a home lawn care business.
109 Newby Street
R-3 (Single Family Residential)
Patrick Parks, Petitioner
Public Hearing
District 2
3. 200714-02 USE-ON-APPEAL:
To operate a home maintenance business.
304 Janice Street
R-2 (Single Family Residential)
Mark L. Davis, Petitioner
Public Hearing
District 5
4. 200714-03 VARIANCE:
To allow a covered patio encroachment.
103 Jane Court
R-2 (Single Family Residential)
Matthew Darby, Petitioner
Public Hearing
District 3
5. 200714-04 VARIANCE:
To allow a room addition encroachment.
1909 Dundee Drive
R-3 (Single Family Residential)
Thao Nguyen, Petitioner
Public Hearing
District 4
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.
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Prattville Board of Zoning Adjustment July 14, 2020 Minutes Page 1 of 4
City of Prattville Board of Zoning Adjustment Minutes July 14, 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, July 14, 2020. ROLL CALL: Present: Chairman Jerry Crosby, Vice Chairman Charles Knapp, Mr. Billy Barrett, and Mr. Greg Duke. Absent: Ms. Jerry Schannep. Also present was Supernumerary Member, Mr. Neal Parker. Quorum Present Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie
Williams, Planner; and Ms. Alisa Morgan, Secretary. Mr. Stephens discussed the city’s progress on updating the Comprehensive Plan called Project Prattville. He stated that the next meeting would be held 6:00 p.m. on July 27, 2020 at the Doster Community Center.
Action on the Bylaws amendment and approval of the minutes was moved to the end of the agenda. NEW BUSINESS: USE-ON-APPEAL To operate a home lawn care business. 109 Newby Street R-3 (Single Family Residential) Patrick Parks, Petitioner 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-3, Single Family Residential, located at 109 Newby Street. Patrick Parks, petitioner, presented the request for a use-on-appeal to allow for a lawn care business on property at 109 Newby Street. He stated that the equipment would be stored in an enclosed (6x12) trailer in the rear. He stated that he plans to purchase additional equipment which would fit in the current trailer.
Chairman Crosby opened the floor for public comments. There being none, the public hearing was closed. He acknowledge letters received from neighbors. Sandra Davenport, property owner of 139 8th Street and Zenobia Marshall, 123 Newby Street; and Donna Myles (Garcia) 121 Newby Street.
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) development of the proposed use is in the
public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed home occupation is not a prohibited use in a R-3 district; 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. 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.
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The BZA voted to approve the use-on-appeal to operate a home lawn care business on property located at 109 Newby Street.
USE-ON-APPEAL To operate a home maintenance business. 304 Janice Street R-2 (Single Family Residential) Mark L. Davis, Petitioner Mr. Stephens provided the staff report for a use-on-appeal to operate a home maintenance business on property currently zoned as R-2, Single Family Residential, located at 304 Janice Street. Mark Davis, petitioner, presented the request to operate a home maintenance business on property located at 304 Janice Street. He stated that he builds fences and decks. He stated that materials are delivered directly to job sites and some excess materials are stored in the existing workshop. Chairman Crosby opened the public hearing. 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-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 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. Knapp moved to approve the request based on the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal to operate a home maintenance business on property located at 304 Janice Street. VARIANCE To allow a covered patio encroachment. 103 Jane Court R-2 (Single Family Residential) Matthew Darby, Petitioner Mr. Stephens provided the staff report for a variance to allow a covered patio to encroach into the rear yard setback. The property currently zoned as R-2, Single Family Residential, located at 103 Jane
Court requires a 40 foot rear setback for the covered patio. Matthew Darby, petitioner, presented the variance request to allow a covered patio to encroach into the rear yard setback on property located at 103 Jane Court. He stated that he does not have neighbors to the rear because his lot backs to a hill. Mr. Parker stated that the petitioner has built a large house on a small lot and could build the structure detached without violations. Mr. Darby stated that he poured concrete prior to getting a permit and was not aware of setback requirements. He stated that the patio would be more aesthetically appealing if it’s attached. He stated
that he was denied approval by his HOA because of the city’s denial. Mr. Stephens stated that there are no direct neighbors to the rear. The adjacent rear property is
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Prattville Board of Zoning Adjustment July 14, 2020 Minutes Page 3 of 4
reserved for open green space.
Chairman Crosby opened the floor for public comments.
Angela Witcher, 356 Sydney Drive South, 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. Barrett moved to establish the findings of fact stating that 1) that 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; 3) that the special conditions and circumstances do not result from actions of the applicant (self-imposed hardship); 4) that granting of a variance will not confer a 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 a variance is in harmony with the intent and purposes of the zoning ordinance; and 6) that a variance will not adversely affect the surrounding property, the
general neighborhood, or the community as a whole. Mr. Duke seconded the motion. The motion to approve the findings of fact passed unanimously.
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. Knapp seconded the motion. The motion to approve passed unanimously.
The BZA voted to approve the variance to allow a covered patio encroachment on property located at 103 Jane Court. VARIANCE: To allow a room addition encroachment.
1909 Dundee Drive R-3 (Single Family Residential) Thao Nguyen, Petitioner Mr. Stephens provided the staff report for a variance to allow a room addition encroachment on
property located at 1909 Dundee Drive. He stated that the petitioner was approved for a building permit in March 2019 which met the requirements. He stated that a new application for permit was filed in June 2020 and was denied because it did not meet the rear yard setback requirements. It was
discovered that construction began without a permit being issued for the new design and the petitioner is now requesting a variance for the rear yard encroachment.
Thao Nguyen, petitioner, presented the request to allow a room addition encroachment on property located at 1909 Dundee Drive. He stated that the sunroom would be used for a play area because the front property slopes to the street. Mr. Parker asked the petitioner why construction was started after the permit was denied. Mr. Nguyen stated that he had obtained the permit in 2019 but didn’t start construction until this year; thinking that the permit had not expired. He stated that he had to resubmit the application. Mr. Parker stated that the expired permit doesn’t explain why the new application is not the same as the previous approved structure.
Chairman Crosby opened the floor for public comments. Brian Stewart, 605 Castle Brook Drive, resident and HOA board member spoke in opposition to the
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Prattville Board of Zoning Adjustment July 14, 2020 Minutes Page 4 of 4
request. He stated that the structure violates the covenants in the Highland Ridge Subdivision. He
stated that the HOA approved the original request in March. Malia Ragan, 631 Little Farm Road, Vice President of the Highland Ridge Subdivision, spoke in
opposition to the request. She stated that the HOA will pursue legal action against the petitioner. After no further comments, the public hearing was closed.
Letters of opposition were received from Petra Ryan, 1921 Dundee Drive in favor of the request and Bill Scott, in opposition to the request.
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) that special conditions and circumstances do not 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 not deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning ordinance; 3) that granting of a variance is not in harmony with the intent and purposes of the zoning ordinance; and 4) that a variance will adversely
affect the surrounding property, the general neighborhood, or the community as a whole. 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 deny 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 deny the variance to allow a room addition encroachment on property located at 1909 Dundee Drive. MINUTES: Mr. Knapp moved to approve the minutes of the June 9, 2020, regular meeting. Mr. Barrett seconded
the motion. The motion to approve passed unanimously. OLD BUSINESS:
Proposed Amendments: Board of Zoning Adjustment By-Laws Mr. Stephens presented to the BZA proposed changes to their current By-Laws. After the Board’s review and discussion, they recommended postponing action of the amendments to allow the staff to make changes reflective of their discussion. Mr. Duke moved to postpone action of accepting the proposed amendments until the next meeting. Mr. Knapp seconded the motion. The motion to table passed unanimously.
MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 5:42 p.m.
Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
Page 1 of 2
Board of Zoning Adjustment
Staff Report
Use On Appeal 200714-01
MEETING DATE: July 14, 2020
PETITIONER: Patrick Parks
PROPERTY OWNER: Patrick Parks
SUBJECT SITE: 109 Newby Street
REQUEST: To operate a home lawn care business
CURRENT ZONING: R-3 Residential
LOCATION: Chestnut Hills subdivision
SURROUNDING LAND North: Single-Family Residential (R-3)
USES AND ZONING: South: Single-Family Residential (R-3)
East: Single-Family Residential (R-3)
West: Single-Family Residential (R-3)
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-3 district?
The requested use is an allowable use-on-appeal. The proposed use is not a prohibited use in an R-3 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-3 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.
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7TH STN COURT ST8TH ST
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From:Sondra Davenport
To:Morgan, Alisa
Subject:Notice of Public Hearing- Response to 109 Newby Street
Date:Tuesday, July 7, 2020 1:57:30 PM
Hello Alisa, I received the notice since I own the property on 139 8th street. Since I am out of
state I wanted to respond that I am NOT in agreement with that residential property being
used for anything else but residential use. No one wants to see lawn equipment, with the look
of a junk yard, all around a neighboring house. I am requesting this zoning adjustment is
denied to keep the property community acceptable with this residential community.
Have a great week and stay safe.
Thanks,
Sondra Davenport
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Board of Zoning Adjustment
Staff Report
Use On Appeal 200714-02
MEETING DATE: July 14, 2020
PETITIONER: Mark L. Davis
PROPERTY OWNER: Christina L. Ortega
SUBJECT SITE: 304 Janice Street
REQUEST: To operate a fence and deck company
CURRENT ZONING: R-2 Residential
LOCATION: Overlook Estates subdivision
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: General Business (B-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 home occupation for fence and deck company
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 or landscaping businesses,
home maintenance,…” 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-2 district?
The requested use is an allowable use-on-appeal. The proposed use is not a prohibited use in an R-2 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
landscaping and home maintenance (fence and deck) business is 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-2 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 0.31 acres.
TERI LN
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Board of Zoning Adjustment
Staff Report
Variance 200714-03
MEETING DATE: July 14, 2020
PETITIONER: Matthew Darby
PROPERTY OWNER: Matthew Darby
SUBJECT SITE: 103 Jane Court
REQUEST: Patio Cover encroachment on rear setback
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: Glennbrooke Subdivision
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: Single-Family Residential (R-2)
East: Single-Family Residential (R-2 Undeveloped)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. A variance has been requested for a patio cover that will encroach the rear setback of 40ft.
2. The petitioner is requesting to build a patio cover that will encroach into the 40ft setback by 3 ½ ft. Owner
will be 36 ½ from 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.
MINIMUM SETBACK:
Front Yard: 35 feet;
Rear Yard: 40 feet;
Side Yard: 10 feet
ANAYLSIS/EVALUATION:
The applicants request is for a proposed open frame patio cover and is depicted in the attached site plan submitted with an
initial variance application. Per the applications site plan, the patio cover is going to be attached to the dwelling, therefore
it has to meet the R-2 rear setback of 40ft.
Page 2 of 2
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 patio
cover. 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.
SYDNEY DR STROLLEY RD
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Board of Zoning Adjustment
Staff Report
Variance 200714-04
MEETING DATE: July 14, 2020
PETITIONER: Thao Nguyen
PROPERTY OWNER: Thao Nguyen
SUBJECT SITE: 1909 Dundee Drive
REQUEST: Sunroom encroachment to rear setback
CURRENT ZONING: R-3 (Single-Family Residential)
LOCATION: Highland Ridge Subdivision
SURROUNDING LAND North: Single-Family Residential (R-3)
USES AND ZONING: South: Single-Family Residential (R-3)
East: Single-Family Residential (R-3)
West: Single-Family Residential (R-3)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. A variance has been requested for a patio cover that will encroach the rear setback of 30ft.
2. The petitioner is requesting to build a patio cover that will encroach into the 30ft setback by 6ft. Owner will
be 24’ from 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.
MINIMUM SETBACK:
Front Yard: 25 feet;
Rear Yard: 30 feet;
Side Yard: 8 feet, 6 feet
ANAYLSIS/EVALUATION:
The applicants request is for a proposed sunroom is depicted in the attached site plan submitted with an initial variance
application. Per the applications site plan, the sunroom is going to be attached to the dwelling, therefore it has to meet the
R-3 rear setback of 30ft. Construction has already started as of 7/7/2020.
Page 2 of 2
PLANNING STAFF EVALUATION:
Reviewed by: Tommie Williams, Planner
Additional Comments: March 2019 Mr. Nguyen applied for a building permit to construct a covered screened in patio
(attached). He was granted this permission but never started construction. This request addition did
not go beyond the rear plane of the structure and therefore, did not encroach on the setbacks.
Recommendation: The board shall determine if a legitimate hardship is found with the placement of the proposed
sunroom. 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.
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From:Petra Ryan
To:Morgan, Alisa
Subject:Prattville Board Of Zoning Adjustments
Date:Monday, July 13, 2020 11:15:35 AM
Good morning,
I am responding to the Letter sent to me concerning a Public Hearing concerning the room addition at
1909 Dundee Drive. I see no issue with this going forward. The attachment is in the back of the house
and does not pose an issue with the traffic flow. Also this adds value to not only the house located at
1909 Dundee Drive, but to all homes in the area
If you have any questions or concerns, please free to contact me at 334-398-4355.
Thank-you
Petra Ryan
1921 Dundee Drive
Prattville, AL 36066
From:Bill Scott
To:Morgan, Alisa
Subject:Public Hearing concerning 1909 Dundee Drive Zoning Adjustment
Date:Monday, July 13, 2020 12:48:06 PM
The City set up zoning so that properties would be appropriately balanced within this community. It is my belief
that the city has a 5 foot setback from the rear of individual properties. Also, this development’s covenants have
standards to help maintain property values. If what is planned stays within the city’s zoning and within the
covenants of this development, then I would agree with this request. However, from information that I have
received, the requested variance would violate the city’s current zoning and would also violate the development’s
covenants. With that in mind, I do not agree to changing the current zoning and recommend you disapprove this
petition to provide an encroachment into the rear yard setback on property located at 1909 Dundee Drive. Sincerely,
William Scott