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2012 Dec 8 BZA Pkt - Draft1 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 December 8, 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. 201208-01 VARIANCE: To allow for an accessory structure that will exceed the 50% of the gross floor area of the primary structure. 818 Dunvegan Drive & Live Oak Drive R-3 Zoning District (Single-Family) Adam & Shannon Morrell, Petitioner District 2 Public Hearing Minutes: November 10, 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. DRAFT Draft Prattville Board of Zoning Adjustment November 10, 2020 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment 1 Minutes 2 November 10, 2020 3 4 5 CALL TO ORDER: 6 The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by 7 Chairman Jerry Crosby at 4:01 p.m. on Tuesday, November 10, 2020. 8 9 ROLL CALL: 10 Present: Chairman Jerry Crosby, Vice Chairman Charles Knapp, Mr. Billy Barrett, Mr. Greg Duke, and 11 Ms. Sarah Johnson. 12 13 Absent: None 14 15 Quorum Present 16 17 Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie 18 Williams, Planner. 19 20 Chairman Crosby 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 VARIANCE 31 To vary from the required number of parking spaces. 32 Intersection of Cobbs Ford Road and Sugar Exchange 33 B-2 Zoning District (General Business)34 Neal Tjon-A-Joe, Petitioner 35 36 Darrell Rigsby provided the staff report for the variance for the parking requirements at Cobbs Ford 37 Road and Sugar Exchange. He stated that a national fast food retailing is looking to locate at the 38 property on the SW corner of Cobbs Ford Road and Sugar Exchange. He stated the Zoning Ordinance 39 parking requirements require ninety-three (93) spaces based on the size of the proposed building. He 40 stated that the applicant is requesting a variance to provide fifty (50) parking spaces to suit their needs. 41 Matt Sims, of Gonzalez-Strength & Associates, representing the petitioner, presented his request for a 42 variance to reduce parking requirements to fifty (50) to suit the needs of the proposed establishment. 43 44 Chairman Crosby opened the floor for public comments. There being none, the public hearing was 45 closed. 46 Chairman Crosby opened discussion for the Board. In their discussion, the Board found that the 47 property location and lot size would not compromise the neighbors. After their discussion, the vote 48 was called. Vice-Chairman Knapp moved to establish the findings of fact stating that 1) special 49 conditions and circumstances do not exist which are peculiar to the land, structure, or building; 2) that 50 a literal interpretation of the zoning ordinance would deprive the applicant of rights commonly 51 enjoyed by other properties in the same district under the terms of the zoning ordinance; 3) that the 52 special conditions and circumstances do not result from actions of the applicant (self-imposed 53 DRAFT Draft Prattville Board of Zoning Adjustment November 10, 2020 Minutes Page 2 of 2 hardship); 4) that granting of a variance will not confer a special privilege on the applicant that is 54 denied by this ordinance to other lands, structures, or buildings in the same district; 5) that granting of 55 a variance is in harmony with the intent and purposes of the zoning ordinance; and 6) that a variance 56 will not adversely affect the surrounding property, the general neighborhood, or the community as a 57 whole. Mr. Barrett seconded the motion. The motion to approve the findings of fact passed 58 unanimously. 59 60 After no further discussion, the vote was called. Mr. Duke moved to approve the request as submitted 61 based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve 62 passed unanimously. 63 64 The BZA voted to approve the variance request to vary from the required number of parking spaces 65 from 93 to 50 at property located at the southwest corner of Cobbs Ford Road and Sugar Exchange. 66 67 MINUTES: 68 Vice-Chairman Knapp moved to approve the minutes of the October 13, 2020, regular meeting. Mr. 69 Duke seconded the motion. The motion to approve passed unanimously. 70 71 MISCELLANEOUS: 72 73 ADJOURN: 74 After no further comments, questions, or discussion the meeting was adjourned at 4:13 p.m. 75 76 Respectfully submitted, 77 78 79 80 Scott Stephens, Acting Secretary 81 Board of Zoning Adjustment 82 DRAFT Page 1 of 8 Board of Zoning Adjustment Staff Report Variance 201013-02 MEETING DATE: December 08, 2020 PETITIONER: Adam and Shannon Morrell PROPERTY OWNER: Adam and Shannon Morrell SUBJECT SITE: 818 Dunvegan Drive REQUEST: Variance – To vary from accessory structure requirements CURRENT ZONING: R-3 (Single-Family Residential) LOCATION: 818 Dunvegan Drive / 119 Live Oak 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. Variance Request to: a.Allow cumulative area of accessory structure to exceed fifty-percent (50%) of the gross floor area of the primary structure (Section 69.3 (2) c.) ZONING ORDINANCE REFERENCED: Article 6 – General Provisions Section 69.3 – Accessory Structures. (2)Residential zones (not including multi-family zones). a. Accessory structures shall be located in back or side yards at least ten feet (10') behind the front building setback or the front plane of the primary structure, whichever is greater; b. Accessory structures shall be located at least ten feet (10') from the primary structure and five feet (5') from other accessory structures; c. The cumulative area of accessory structures on a parcel shall not exceed fifty percent (50%) of the gross floor area of the primary structure; d. Accessory structures shall not be located closer than five feet (5') to property lines;DRAFT Page 2 of 8 e. Exterior materials or cladding shall be 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; f. Accessory structures shall not be used as a dwelling unit; g. Residential zones with specific accessory structure requirements (e.g., R-5) for locations and setbacks shall be followed in those zones. 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. ANAYLSIS/EVALUATION: DRAFT Page 3 of 8 Applicant is proposing to construct a 40’ x 48’ (1920 sq ft) accessory structure in the rear yard bordering Live Oak Drive. Proposed accessory structure will encroach on the required maximum size for an accessory structure. The Zoning Ordinance requires that the cumulative area of accessory structure on a parcel shall not exceed fifty-percent (50%) of the gross floor area of the primary structure. The applicant’s primary structure, 818 Dunvegan Drive is listed in the Autauga County tax records as a single family brick structure with 2302 square feet total adjusted area. This equates to a cumulative area of accessory structure on subject parcel of 83.4% of the gross floor area of the primary structure. This far exceeds the allowable 50% of the gross floor area of the primary structure. Proposed structure will be 40 feet wide bordering along Live Oak Drive by 48 feet deep and 16 feet tall at the peak of the roof. Building will be rectangular in shape, with gable style roof, with gables facing Live Oak Drive and rear of property. Access to structure is proposed to be a concrete driveway from Live Oak Drive, with two garage doors on front of structure, facing Live Oak Drive. Materials proposed for structure include faux stone bottom approximately 3 feet high, vertical wood siding above stone, wood shake style gables, and metal roof. Applicant purchased the Live Oak parcel and has proposed to join to his existing lot with primary structure at 818 Dunvegan Drive. Preliminary plat to adjoin 818 Dunvegan Drive and 119 Live Oak Drive was approved by the Planning Commission on November 17, 2020. Contingent upon final plat approval, subject parcel is an “L” shaped parcel that has frontage on Live Oak Drive and Dunvegan Drive. Proposed accessory structure will be plainly visible to all drivers and pedestrians traveling along Live Oak Drive. Additionally, applicant cleared and graded a substantial amount of earth, changing the topography of the lot without notifying the City of Prattville or applying for any City permits. Materials were on site in preparation to construct accessory structure without appropriate permits. When discovered, a Stop Work Order was issued to property owner October 14, 2020. Owner/applicant stopped all work immediately and contacted City staff to follow appropriate protocol for construction and permitting of proposed accessory structure. This request violates Section 69.3 (2) c. of the City of Prattville Zoning Ordinance and would need a variance in order for a permit to be issued. DRAFT Page 4 of 8 818 Dunvegan Drive - Existing 119 Live Oak Drive - Existing DRAFT Page 5 of 8 818 Dunvegan Drive / 119 Live Oak Drive Site Plan – Existing and Proposed Structures DRAFT Page 6 of 8 Example Stone Bottom of Shake Gable DRAFT Page 7 of 8 Example Faux Stone for Base DRAFT Page 8 of 8 Example Vertical Wood Siding DRAFT DUNVEGAN DRLIVE OAK DR PORTREE DR±0 10050 Feet Locations are approximate Aerial Map - Oak Creek Plat 1-A DRAFT LIVE O A K D R N COURT STCARVER STUPPER KINGSTON RDDUNVEGAN DRWILLOW OAK DRSTIRLING RDGSPANISH OAK DR WOODLA ND A C R ES D R FISK ST WHITE O A K D RPORTREE DR±0 500250 Feet Locations are approximate Location Map - Oak Creek Plat 1-A DRAFT LIVE O A K D R N COURT STCARVER STUPPER KINGSTON RDDUNVEGAN DRWILLOW OAK DRSTIRLING RDGSPANISH OAK DR WOODLA ND A C R ES D R FISK ST WHITE O A K D RPORTREE DRR-2 R-3 R-3R-2 R-3 R-3 R-4 R-2 ±0 500250 Feet Locations are approximate Zoning Map - Oak Creek Plat 1-A DRAFT DRAFT DRAFT DRAFT DRAFT