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2011 Nov 10 BZA Pkt (Draft)1 0 2 W e s t M a i n S t r e e t \ P r a t t v i l l e , A L 3 6 0 6 7 \ 3 3 4 . 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 November 10, 2020 4:00pm Call to Order: Roll Call: Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., Mr. Greg Duke, and Ms. Sarah Johnson. Committee Reports: Old Business: None New Business: 1. 201110-01 VARIANCE: To vary from the required number of parking spaces. Intersection of Cobbs Ford Road and Sugar Exchange B-2 Zoning District (General Business) Neal Tjon-A-Joe, Petitioner District 5 Public Hearing Minutes: October 13, 2020 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. number of parking spacesnumber of parking spaces. Intersection of Cobbs Ford Road and Sugar ExchangeIntersection of Cobbs Ford Road and Sugar Exchange General BusinessGeneral Business)) Draft Prattville Board of Zoning AdjustmentOctober 13, 2020 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment1 Minutes2 October 13, 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 4:00 p.m. on Tuesday, October 13, 2020. 8 9 ROLL CALL:10 Present: Vice Chairman Charles Knapp, Mr. Billy Barrett, Mr. Greg Duke, and Ms. Sarah Johnson.11 Absent: Chairman Jerry Crosby.12 13 Also present was Supernumerary Member, Mr. Neal Parker.14 15 Quorum Present 16 17 Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie 18 Williams, Planner; and Ms. Alisa Morgan, Secretary. 19 20 Vice-Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the 21 procedure of the meeting. 22 23 COMMITTEE REPORTS:24 There were no reports to be made. 25 26 OLD BUSINESS:27 There was no old business to discuss. 28 29 NEW BUSINESS:30 USE-ON-APPEAL:31 To operate a home lawn care business.32 1976 Regent Road 33 R-3 Zoning District (Single Family Residential)34 Tyler Lawrence, Petitioner35 36 Mr. Stephens provided the staff report for the use-on-appeal request to operate a home lawn care 37 business on property located 1976 Regent Road. 38 39 Tyler Lawrence, petitioner, presented the request for a use-on-appeal to operate a home lawn care 40 business at 1976 Regent Road. He stated that he currently has a lawn mower and a 6x14’ trailer and 41 does not plan to add any new equipment. He stated that he plans to widen the gate to allow the trailer 42 to store behind the existing fence. 43 44 Vice-Chairman Knapp read comments in a letter received from adjacent property owner, Peggy 45 Roberson-Rogers, 1954 Regent Road. Mr. Lawrence addressed those concerns that were presented.46 47 Vice-Chairman Knapp opened the floor for public comments. There being none to speak. The public 48 hearing was closed.49 50 Vice-Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. 51 Mr. Barrett moved to establish the findings of fact stating that 1) the proposed home occupation is an 52 allowable use-on-appeal, and is not a prohibited use in a R-3 district, 2) development of the proposed 53 use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the 54 proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. 55 Mr. Darrell Rigsby, Senior Planner; Mr. Tommie Mr. Darrell Rigsby, Senior Planner; Mr. Tommie the governing rules for the Prattvthe governing rules for the Prattville Board of Zoning Adjustment and the ille Board of Zoning Adjustment and the There was no old business to discuss. There was no old business to discuss. To operate a home lawn care business.To operate a home lawn care business. 3 Zoning District (Single Family Residential)3 Zoning District (Single Family Residential) Tyler Lawrence, PetitionerTyler Lawrence, Petitioner Mr. Stephens provided the staff report for Mr. Stephens provided the staff report for locatedlocated 1976 Regent Road. 1976 Regent Road. Draft Prattville Board of Zoning AdjustmentOctober 13, 2020 Minutes Page 2 of 3 Parker seconded the motion. The motion to approve the findings of fact passed unanimously. 56 57 After no further discussion, the vote was called. Mr. Parker moved to approve the request as 58 submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to 59 approve passed unanimously. 60 61 The BZA voted to approve the use-on-appeal request to operate a home lawn care business at 197662 Regent Road.63 64 VARIANCE65 To vary from the material required for accessory structures.66 814 Selma Highway67 R-2 Zoning District (Single Family Residential)68 Mitch Devers, Petitioner69 70 Mr. Parker being a client of the petitioner asked to recuse himself from the case because of a potential 71 conflict of interest.72 73 Darrell Rigsby provided the staff report for the variance for an accessory structure at 814 Selma 74 Highway. He stated that the Zoning Ordinance requires that the exterior materials or cladding shall be 75 similar to and complement that of the primary structure. An exception to this shall be the allowance of 76 one metal sided structure no larger than 200 square feet located in a rear yard; but the proposed 77 accessory structure will encroach on the required size for a metal clad building. He stated that the 78 existing residence is not visible from Selma Highway and proposed structure will not be visible from 79 Selma Highway due to the proposed location behind the residence. 80 Mitch Devers, petitioner, presented his request for an accessory structure for property at 814 Selma 81 Highway. He stated that the property is a five acre lot, surrounded by three other family/relatives in 82 the area. He stated that the 40x50 metal structure will match the color of the main structure. He stated 83 that there are large trees on the rear but no other buffer that would prevent the back of the building 84 from being seen. He stated that there will be no other accessory structures on the property.85 Vice-Chairman Knapp opened the floor for public comments. There being none, the public hearing 86 was closed.87 Vice-Chairman Crosby opened discussion for the Board. In their discussion, the Board found that the 88 property location and lot size would not compromise the neighbors. After their discussion, the vote 89 was called. Mr. Duke moved to establish the findings of fact stating that 1) special conditions and 90 circumstances do not exist which are peculiar to the land, structure, or building; 2) that a literal 91 interpretation of the zoning ordinance would deprive the applicant of rights commonly enjoyed by 92 other properties in the same district under the terms of the zoning ordinance; 3) that the special 93 conditions and circumstances do not result from actions of the applicant (self-imposed hardship); 4)94 that granting of a variance will not confer a special privilege on the applicant that is denied by this 95 ordinance to other lands, structures, or buildings in the same district; 5) that granting of a variance is in 96 harmony with the intent and purposes of the zoning ordinance; and 6) that a variance will not97 adversely affect the surrounding property, the general neighborhood, or the community as a whole. 98 Mr. Barrett seconded the motion. The motion to approve the findings of fact passed unanimously. 99 100 After no further discussion, the vote was called. Mr. Barrett moved to approve the request as 101 submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to 102 approve passed unanimously. 103 104 The BZA voted to approve the variance request to vary from the material required for a 40x50 105 accessory structure at 814 Selma Highway. 106 107 Mr. Parker resumed his seat after action taken on Selma Highway. 108 Darrell Rigsby provided the staff report for the variance for an accessory structure at 814 Selma Darrell Rigsby provided the staff report for the variance for an accessory structure at 814 Selma ance requires that the exterior materials or cladding shall be ance requires that the exterior materials or cladding shall be similar to and complement that of the primary structure. An exception to this shall be the allowance of similar to and complement that of the primary structure. An exception to this shall be the allowance of one metal sided structure no larger than 200 square feet located in a rear yard;one metal sided structure no larger than 200 square feet located in a rear yard; accessory structure will encroach on the required size for a metal clad building.accessory structure will encroach on the required size for a metal clad building. existing residence is not visible from Selma Highway and proposed structure will not be visible from existing residence is not visible from Selma Highway and proposed structure will not be visible from Selma Highway due to the proposed location bSelma Highway due to the proposed location behind the residence. ehind the residence. Mitch Devers, petitioner, presented his request for an accessory structure for property at 814 Selma Mitch Devers, petitioner, presented his request for an accessory structure for property at 814 Selma Highway. He stated that the property is a five acre lot, surrounded by three other family/relatives in is a five acre lot, surrounded by three other family/relatives in 40x50 metal structure will match the color of the main structure. He stated 40x50 metal structure will match the color of the main structure. He stated that there are large trees on the rear but no other buffer that would prevent the back of the building that there are large trees on the rear but no other buffer that would prevent the back of the building from being seen. He stated that there will be no other accessory structurefrom being seen. He stated that there will be no other accessory structure -Chairman Knapp opened the floor for public comments. There being none, the public hearing -Chairman Knapp opened the floor for public comments. There being none, the public hearing -Chairman Crosby opened discussion for the Board. -Chairman Crosby opened discussion for the Board. property location and lot siproperty location and lot size would not compromise the neighbors. After their discussion, the vote ze would not compromise the neighbors. After their discussion, the vote moved to establish the findings of fact stating that 1) special conditions and moved to establish the findings of fact stating that 1) special conditions and circumstances do not exist which are peculiar to the land, structure, or building; 2circumstances do not exist which are peculiar to the land, structure, or building; 2 tation of the zoning ordinance tation of the zoning ordinance Draft Prattville Board of Zoning AdjustmentOctober 13, 2020 Minutes Page 3 of 3 109 110 USE-ON-APPEAL111 To operate a home cosmetology business. 112 102 Griffith Ave. 113 R-2 Zoning District (Single Family Residential)114 Rhyan Greer Howe, Petitioner.115 116 Mr. Stephens provided the staff report for a use-on-appeal to operate a home cosmetology business on 117 property currently zoned as R-2, Single Family Residential, located at 102 Griffith Avenue. He stated 118 that a letter was received from an adjacent property owner at 107 Griffith Avenue. 119 120 Rhyan Greer Howe, petitioner, presented the request to operate a home cosmetology business located 121 at 102 Griffith Avenue. She stated that the business is for installing eyelashes and would be located in 122 a separate room that will allow one client at a t time. Parking would be restricted to the existing gravel 123 area in the driveway. She stated that she would allow only six clients per day with no current plans to 124 expand. 125 126 Vice-Chairman Knapp opened the public hearing. There being none, the public hearing was closed. 127 128 Vice-Chairman acknowledge the letter of opposition to the request received from Gerald and Beverly 129 Venable, 107 Griffith Avenue. 130 131 Vice-Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. 132 Mr. Parker moved to establish the findings of fact stating that 1) the proposed home occupation is an 133 allowable use-on-appeal, and is not a prohibited use in a R-2 district; 2) development of the proposed 134 use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the 135 proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. 136 Duke seconded the motion. The motion to approve the findings of fact passed unanimously. 137 138 After no further discussion, the vote was called. Mr. Barrett moved to approve the request based on 139 the approved findings of fact. Mr. Parker seconded the motion. The motion to approve passed 140 unanimously. 141 142 The BZA voted to approve the use-on-appeal to operate a home cosmetology business on property 143 located at 102 Griffith Avenue. 144 145 MINUTES:146 Mr. Parker moved to approve the minutes of the August 11, 2020, regular meeting. Mr. Duke seconded 147 the motion. The motion to approve passed unanimously.148 149 MISCELLANEOUS:150 Vice-Chairman Knapp welcomed the newest appointed member, Ms. Sarah Johnson, to the BZA. 151 152 ADJOURN:153 After no further comments, questions, or discussion the meeting was adjourned at 4:54 p.m. 154 155 Respectfully submitted,156 157 158159 Alisa Morgan, Secretary160 Board of Zoning Adjustment 161 There being none, There being none, the public hearing was closed. -Chairman acknowledge the letter of opposition to the request received from Gerald and Beverly -Chairman acknowledge the letter of opposition to the request received from Gerald and Beverly opened discussion for the Board. After their discussion, the vote was called. opened discussion for the Board. After their discussion, the vote was called. moved to establish the findings of fact stating that moved to establish the findings of fact stating that 1) the proposed home occupation is an rohibited use in a Rrohibited use in a R-2 district; 2 district; use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; will not cause substantial adverswill not cause substantial adverse impact to adjacent or nearby properties or usese impact to adjacent or nearby properties or uses seconded the motion. The motion to approve the findings of fact passed unanimously. seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. After no further discussion, the vote was called. Mr. oved findings of fact. Mr. oved findings of fact. Mr. ParkerParker seconded the motion. The motion to approve passed Parker The BZA voted to approve the use-on-The BZA voted to approve the use-on-appeal to 102 Griffith Avenue. 102 Griffith Avenue. Page 1 of 5 Board of Zoning Adjustment Staff Report Variance 201110-01 MEETING DATE: November 10, 2020 PETITIONER: Neal Tjon-A-Joe PROPERTY OWNER: DHS Holding 1 Inc., Dorothy H. Sanford SUBJECT SITE: SW Corner of Cobbs Ford Road and Sugar Exchange REQUEST:Variance To reduce the number of parking stalls required by Ordinance CURRENT ZONING: B-2 General Business LOCATION: SW Intersection of Cobbs Ford Road and Sugar Exchange SURROUNDING LAND North: General Business (B-2) USES AND ZONING: South: Shopping Center (B-2) East: Restaurant (B-2) West: Place of Assembly (R-4) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. Variance Request to: a.Reduce the number of parking stalls from 93 required by Ordinance to 50 parking stalls (Art. 11; Section 1 Business Parking Requirements) ZONING ORDINANCE REFERENCED: Article 11 Parking Requirements Section 1. Parking Required Article 11, City of Prattville Parking Requirements Restaurants, Bars or similar places for the consumption of food and/or drink on the premises One space per fifty (50) square feet of floor area or one space per forty (40) square feet of gross floor area for fast food restaurants or one space per twenty-five (25) square feet of gross floor area for drive-in restaurants. To reduce the number of parking stalls required by Ordinance To reduce the number of parking stalls required by Ordinance SW Intersection of Cobbs Ford Road and Sugar Exchange SW Intersection of Cobbs Ford Road and Sugar Exchange North: General Business (B-2) North: General Business (B-2) South: Shopping Center (B-2) South: Shopping Center (B-2) East: Restaurant (B-2) East: Restaurant (B-2) West: Place of Assembly (R-4) West: Place of Assembly (R-4) None found None found Conditions of Previous Approval: N/A Conditions of Previous Approval: N/A Variance Request to: Variance Request to: Reduce the number of parking stalls from 93 required by Ordinance to 50 parking stalls (Reduce the number of parking stalls from 93 required by Ordinance to 50 parking stalls ( Business Parking Requirements) Business Parking Requirements) Page 2 of 5 Article 3. Board of Zoning Adjustment Section 36. - Variances. a. The Board may authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. b. A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship does, in fact, exist. In no case shall the Board grant a variance that permits the land, building or structure to be occupied by a use prohibited within the zoning district in which the land, building or structure is located. c. It is the intent of this ordinance that a variance be issued only to mitigate a physical condition of a parcel of land which poses a practical barrier to its development and use conformance with this ordinance. Variances shall be limited to the minimum adjustment necessary for the reasonable use of the land. d. Before any variance is granted, the Board shall make written findings certifying the existence of the following standards. 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. STATEMENT OF HARDSHIP FROM APPLICANT: feet, this would result in 93 required parking spaces. This requirement far exceeds the parking demand typically seen by The tenant can operate with approximately 35 spaces, and this development is proposing 50 in an attempt to closer meet 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building 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. 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 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. 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); 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 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; 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; 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 6. That the variance will not adversely affect surrounding property, the general neighborhood, or the 7. That no non-conforming use of neighboring lands, structures, or buildings in the same district, and no 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 permitted or non-conforming use of lands, structures, or buildings in other districts were considered as a basis for the issuance of a variance; 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 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 the district involved, or any use expressly or by implication prohibited by the terms of the ordinance in said district; ordinance in said district; 9. The variance requested is the minimum adjustment necessary to enable the legal use of the land, 9. The variance requested is the minimum adjustment necessary to enable the legal use of the land, Page 3 of 5 ANAYLSIS/EVALUATION: A freestanding restaurant is being proposed on an undeveloped 1.9 acre lot at the southwest corner of Cobbs Ford Road and Sugar Exchange. The proposed restaurant will be located in a B-2 Zoning District that does permit this use by right. Within the applic 3,745 sq. ft., thus requiring 93 parking stalls as referenced in Article 11, Parking Requirements. The applicant is seeking relief from this parking requirement by a reduction of 43 parking stalls with an overall proposal of 50 stalls. This request violates Article 11: Section 1 of the City of Prattville Zoning Ordinance and would need a variance in order for a permit to be issued. Planning Staff Recommendation: Approval Page 4 of 5 SW Corner of Cobbs Ford Road and Sugar Exchange - Existing Page 5 of 5 Cobbs Ford and Sugar Exchange Site Plan Proposed Structure and Parking COBBS FORD RD SUGAR EXCHANGE ±0 200100 Feet Locations are approximate Aerial Map - Cobbs Ford Rd & Sugar Exchange COBBS FORD RD VISTA POINT BLVD ZELDA PL ±0 500250 Feet Locations are approximate Location Map - Cobbs Ford Rd & Sugar Exchange COBB COBBS FORD RD SUGAR EXCHANGE B-2 B-2 R-4 B-2 B-2 F.A.R. P.U.D. B-2 F.A.R. B-2 B-2 ±0 200100 Feet Locations are approximate Zoning Map - Cobbs Ford Rd & Sugar Exchange