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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
January 12, 2021
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:
None
Minutes:
December 8, 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
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Prattville Board of Zoning Adjustment December 8, 2020 Minutes Page 1 of 2
City of Prattville Board of Zoning Adjustment 1 Minutes 2 December 8, 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 4:00 p.m. on Tuesday, December 8, 2020. 8 9 ROLL CALL: 10 Present: Chairman Jerry Crosby, Vice Chairman Charles Knapp, Mr. Billy Barrett, and Mr. Greg Duke. 11 Absent: Ms. Sarah Johnson. 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 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 allow for an accessory structure that will exceed the 50% of the gross floor area of 32 the primary structure. 33
818 Dunvegan Drive & Live Oak Drive 34 R-3 Zoning District (Single-Family) 35 Adam & Shannon Morrell, Petitioner 36 37 Darrell Rigsby provided the staff report for the variance for an accessory structure at 818 Dunvegan 38 Drive. He stated that the applicant is proposing to construct a 40’ x 48’ (1920ft2) accessory structure 39 in the rear yard bordering Live Oak Drive. The Zoning Ordinance requires that the cumulative area of 40 an accessory structure on a parcel shall not exceed fifty-percent (50%) of the gross floor area of the 41
primary structure. He stated that the applicant’s primary structure, located at 818 Dunvegan Drive, is a 42 single family brick structure with 2302ft2. The proposed accessory structure is equivalent to 83.4% of 43 the gross floor area of the primary structure. 44
Mr. Rigsby stated that the proposed structure will border along Live Oak Drive by 48 feet deep and 45
will be 16 feet tall at the peak of the roof. The building will be rectangular in shape, with gable style 46
roof, with gables facing Live Oak Drive and rear of property. He stated that the access to the structure 47
is proposed to be a concrete driveway from Live Oak Drive, with two garage doors on the front of the 48
structure, facing Live Oak Drive. Materials proposed for the structure include faux stone bottom 49
approximately 3 feet high, vertical wood siding above stone, wood shake style gables, and metal roof. 50
He stated that the applicant purchased the Live Oak parcel and received approval by the Planning 51
Commission on November 17, 2020 to join the two lots (Dunvegan & Live Oak Drive). Additionally, 52
the applicant cleared and graded a substantial amount of the lot without notifying the City of Prattville 53
or applying for any City permits. Materials were on site in preparation to construct the accessory 54 DRAFT
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Prattville Board of Zoning Adjustment December 8, 2020 Minutes Page 2 of 2
structure without appropriate permits. When discovered, a Stop Work Order was issued to property 55
owner on October 14, 2020. He stated that all work stopped immediately and contact with City staff 56
was made to follow appropriate protocol for construction and permitting of proposed accessory 57
structure. 58
Adam Morrell, petitioner, presented his request for an accessory structure for property at 818 59 Dunvegan Drive. He stated that the proposed accessory structure will be used to store a boat, camper, 60 and a truck that is currently in the driveway. He stated that the proposed materials and build is 61
according to the covenant requirements. He stated that he talked with adjacent neighbors and they 62 have no issues with the proposed structure. He stated that his vehicles can’t access the rear yard 63 because of the close proximity of neighbors. 64
Mr. Parker asked why he didn’t obtain permit before construction. Mr. Morrell stated that he was not 65 aware of permitting requirements. He stated that he has not touched the project since the Stop Work 66 Order was issued. He also stated that there will be no power or water to the building; it will be strictly 67 used for the storage of the vehicles. 68
Mr. Morrell also addressed how the water would be contained stating that drainage will flow downhill 69 to the creek away from the neighbors. He stated that there will be gutters placed around the structure. 70
Chairman Crosby opened the floor for public comments. There being none, the public hearing was 71 closed. 72
Vice-Chairman Crosby opened discussion for the Board. In their discussion, the Board found that the 73 size of the building is an issue as it relates to the ordinance but the lot size would not compromise the 74 neighbors and the building is aesthetically appealing and the drainage is well thought out. 75
76 During their discussion, Mac Post, owner of property north of location, addressed the board. After 77 their discussion, the vote was called. Mr. Knapp moved to establish the findings of fact stating that 1) 78
granting of a variance is in harmony with the intent and purposes of the zoning ordinance; and 2) that a 79 variance will not adversely affect the surrounding property, the general neighborhood, or the 80 community as a whole. Mr. Barrett seconded the motion. The motion to approve the findings of fact 81
passed unanimously. 82 83 After no further discussion, the vote was called. Mr. Duke moved to approve the request as submitted 84 based on the approved findings of fact. Mr. Knapp seconded the motion. The motion to approve 85 passed unanimously. 86 87 The BZA voted to approve the variance request to allow an accessory structure that will exceed the 88 50% gross floor area of the primary structure on property located at 818 Dunvegan Drive. 89 90
MINUTES: 91 Mr. Knapp moved to approve the minutes of the November 10, 2020, regular meeting. Mr. Barrett 92 seconded the motion. The motion to approve passed unanimously. 93 94 MISCELLANEOUS: 95 96 ADJOURN: 97 After no further comments, questions, or discussion the meeting was adjourned at 4:34 p.m. 98
99 Respectfully submitted, 100 101
102 103 Alisa Morgan, Secretary 104 Board of Zoning Adjustment 105 DRAFT