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06 - June 16 PLANNING & DEVELOPMENT DE PARTMENT 102 WEST MAIN STREET  PRATTVILLE, ALABAMA 36067  334-595-0500  334-361 -3677 FACSIMILE planning.prattvilleal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A June 16, 2014 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep. Alternate Member: Commander Michael Whaley. Minutes: Old Business: None New Business: 1. 140610-01 VARIANCES To allow a mobile home in an R-2 zoning district. To change the setback requirements 230 Lewis Street R-2 Zoning District (Single Family Residential) Ameer Craion, Petitioner District 2 2. 140610-02 VARIANCE To locate accessory structure closer to the required 22’ property line. 1286 County Road 85 FAR Zoning District (Forest, Agricultural, Recreation) Orelynn Golson, Petitioner District 1 3. 140610-03 VARIANCE To change the required front and side yard setbacks 1818 Riverton Drive R-2 Zoning District Double D. Builders, LLC, Petitioner Miscellaneous: Adjourn: Approved 8/12/14 Prattville Board of Zoning Adjustment June 16, 2014 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment Minutes June 16, 2014 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:03 p.m. on Tuesday, June 16, 2014. ROLL CALL: Present: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Gerald Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep. Absent: None. Quorum Present Staff present: Mr. Joel Duke, City Planner and Ms. Alisa Morgan, Secretary. Chairman Jamieson stated the governing rules for the Prattville Board of Zoning Adjustment according to the Code of Alabama, 1975 and the procedure of the meeting. MINUTES: Mr. Cimis moved to approve the minutes of the March 11, 2014 and April 8, 2014 meetings. Mrs. Schannep seconded the motion. The motion passed unanimously. OLD BUSINESS: None NEW BUSINESS: VARIANCES To allow a mobile home in an R-3 zoning district. To change the setback requirements 230 Lewis Street R-3 Zoning District (Single Family Residential) Ameer Craion, Petitioner Mr. Duke provided the staff report for the variance to allow a mobile home at 230 Lewis Street. He stated the petitioner was requesting to place a mobile home on property that was zoned R-3 and change the setback requirements to allow the mobile home to be placed on the property. He stated that the existing mobile home was placed on the property in 1972 and the petitioner wishes to replace with a newer unit. He stated that the petitioner wishes to encroach 10’ into the required 25’ front yard and 8’ into the required 30’ rear yard. Mr. Duke stated that Lewis Street is a public street that was a private street to connect to Peagler Street. He stated that in March 2001, the previous owner, Mr. Taylor, with other adjacent residents had petitioned to have the private drive known as Lewis Street accepted for public maintenance by the City of Prattville which the city council accepted the petition for maintenance of the street. He stated that once Lewis Street became a public street, the petitioner’s lot became a corner lot as designated by the zoning ordinance requiring a 25’ minimum setback from both streets (Lewis Street and Jensen Road). Ameer Craion, petitioner, presented the variance request to place a mobile home on property at 230 Lewis Street. He stated that his hardship was inherited because Lewis Street runs through the middle of his property. Approved 8/12/14 Prattville Board of Zoning Adjustment June 16, 2014 Minutes Page 2 of 3 Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. Mr. Duke stated that there was no existing variance on the property for the mobile home use. He stated that there was no clear record of the zoning history. He stated that there is a mixture of housing in the area. He stated that rezoning was considered by the city and the owner, but there is no established pattern to guide zoning. He recommended approval of the mobile home use due to minimal or no impact to the surrounding properties. After no further comments, questions, or discussion, the vote was called. The BZA voted unanimously to approve the variance to allow a mobile home in an R-3 zoning district and to encroach 10’ into the required 25’ front yard setback and 8’ into the required 30’ rear yard setback on property at 230 Lewis Street. VARIANCE To locate an accessory structure closer to the required 22’ property line. 1286 County Road 85 FAR Zoning District (Forest, Agricultural, Recreation) Orelynn Golson, Petitioner Mr. Duke provided the staff report for the variance request to place an accessory structure on property at 1286 County Road 85. He stated that the FAR Zoning requirements that accessory structures be located from property line by measure of height calculation. He stated that by measurement the proposed structure should be located 22’ from the property line and the petitioner was requesting to place the structure 12’ from the property line. Orelynn Golson, petitioner, stated that the property is located off the road in a wooded area. She stated that the property drops steeply and into floodplain behind the building and was trying to do everything legally. She stated that there is swamp and unusable land on back two lines. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. After no further comments, questions, or discussion, the vote was called. The BZA voted unanimously to approve the variance to allow an accessory structure to locate 12’ from the side yard line on property at 1286 County Road 85. VARIANCE To change the required front and side yard setbacks. 1818 Riverton Drive R-2 Zoning District Double D. Builders, LLC, Petitioner Mr. Duke provided the staff report for the variance request to change the front and side yard setbacks on property at 1818 Riverton Drive. He stated that the vacant lot was located at the north east corner of Trolley and Riverton Road. He stated that the since the application the petitioner had submitted a revised site plan requesting a 10’ encroachment on Trolley Road. Don Moser of Double D. Builders, LLC stated that the embankment on the rear of the lot causes hardship to place house on property. He stated that the original submission place the house closer to the embankment. He stated that the entrance would face Riverton Drive. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was Approved 8/12/14 Prattville Board of Zoning Adjustment June 16, 2014 Minutes Page 3 of 3 closed. After no further comments, questions, or discussion, the vote was called. The BZA voted unanimously to approve the variance to allow a 10’ encroachment into the required 35’ side yard line on property at 1818 Riverton Drive. MISCELLANEOUS: Chairman Jamieson asked that the City Planner prepare a letter requesting the City Council to appoint an alternate member for the board. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:03 p.m. Respectfully submitted, Alisa Morgan, Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 230 Lewis Street BZA Application – 140610-01 DATE June 15, 2014 PROPOSED DEVLOPMENT Petitioner: Ameer Craion Property Owners: Ameer Craion and Princess Craion (minor) Agent: N/A Location: 230 Lewis Street Development Status and History Previous Variance Requests/Approvals: N/A Conditions of Previous Approvals: N/A Property Configuration Acreage: 0.48 acres (20,909 square feet) Zoning Classification: R-3, Single Family Residential Relevant District Standards: ALL “R” Districts: Uses Permitted: Accessory structures: gardens, playgrounds and parks; public buildings, including public schools and libraries; satellite dishes or discs as herein defined by that ordinance, and no other; and parking of recreational vehicles, as herein defined subject to the following conditions: a) At no time shall such parked or stored camping and recreational equipment be occupied or used for living, sleeping or housekeeping purposes. b) If the camping and recreational equipment is parked or stored outside of a garage, it shall be parked or stored to Page 2 of 5 the rear of the front of the building line of the lot. c) Notwithstanding the provisions of subparagraph (b), camping and recreational equipment may be parked anywhere on the premises for loading and unloading purposes. Uses Permitted on Appeal: Customary home occupations; public utility structures, such as electric substations, gas metering stations, sewage pumping stations and similar structures; general hospitals for humans, except primarily for mental cases; churches; cemeteries; semi-public buildings; golf courses; municipal, county, state or federal use; kindergartens, nurseries, nursery schools, day care centers, private schools; and satellite dishes or discs, not defined herein. Uses Prohibited: Mobile homes, house trailers, trailer courts or camps, commercial and industrial uses, including parking lots or parking areas in connection with these uses, not specifically permitted. R-3 Districts Uses Permitted: Single-family dwellings Yard Setbacks: Front: 25’ Rear: 30’ Side: 8’/6’ Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): 1. Replacement of mobile home currently located on the lot with newer unit. 2. Encroachments into required 25” front setback and 30’ rear setback. Amount of encroachment: a. 10’ into front yard b. 8’ encroachment into rear yard. Page 3 of 5 Statement of Hardship: (taken from application) “To whom it may concern, I Ameer Craion inherited a hardship that was not created by me. My grandfather purchase this land and gave it to my mother after he died in December 2001. On February 22 of 2001, Delores Taylor Traywick signed for Menthone Taylor (grandfather) for a road (Lewis Street) to be maintained by the City of Prattville. It was deeded to my mother in June of 2002 after accepted by the City of Prattville for maintenance. After the death of my mother, Mary Gardner, the land was inherited by me and my daughter, Princess Craion, on November 2, 2012. In 2014, I learned that Lewis Street is running through the middle of my property rather than on the end of my property. So that leave me no choice but to ask for a variance because the street had been accepted for maintenance by the City of Prattville before my mother, Mary Gardner, and I received ownership.” (items in parenthesis added for clarification) PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: Several visits in March and April 2014 Recommendation: Approval of mobile home use due to minimal or no impact to surrounding properties. Approval of setback variances based on demonstrated hardship. Planning Staff Comments: In March 2014, Mr. Craion and his family approached the city about a permit to replace their single wide mobile home located at 230 Lewis Street with another mobile home. Due to the zoning classification of R-3, Single-family Residential, Mr. Craion was told that a replacement for the current legal non-conforming use would not be permitted. It was also determined that due to Mr. Craion’s lot having frontage on two streets, Lewis Street and Jensen Road, he would have to meet the 25’ front setback from each. By deed and tax assessor’ map, Mr. Craion’s lot is approximately 90’ wide and 220’ deep. He inherited the lot from his mother in November 2012. His mother, Mary Gardner had inherited the lot from her father Menthone Taylor in 2002. In March 2001, Mr. Taylor Page 4 of 5 had petitioned in conjunction with other adjacent residents to have a private drive known as Lewis Street accepted for public maintenance by the City of Prattville. The city council accepted the petition for maintenance of the street. Once Lewis Street became a public street rather than a driveway, Mr. Craion’s lot became a corner lot as designated by the zoning ordinance requiring a 25’ minimum setback from both streets. In addition, Lewis Street was not located near the edge of the property, but 15’ south of the north property line leaving a portion of the lot north of the newly designated street. Due to the approximately 15’ road width and its location on the lot, the effective width of the lot was reduced from 90’ to 60’. Mr. Craion states placement of a site built of mobile home on the site within the district guidelines is difficult or impossible. State code and best practices require the BZA to measure variance requests against several basic standards. Below is the staff opinion regarding the standards and this request. 1. Special conditions and circumstances exist regarding this structure which are not applicable to other lands, structures, or buildings in the same R-3 zoning district. 2. 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. The special conditions and circumstances do not result from actions of the applicant. 4. The granting of a variance will confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same R-3 district; 5. The granting of a variance is in harmony with the intent and purposes of the zoning ordinance; 6. A variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole; 7. A variance will allow the establishment of a use prohibited under the terms of the zoning ordinance in an R-3 district.  Mr. Craion claims an unnecessary hardship and states that the hardship is not self-created since it is due to acceptance of Lewis Street for public maintenance. He further states that he was not involved with the request for maintenance and he acquired the property as an inheritance. City staff supports his claim of Page 5 of 5 hardship and believes that a setback variance is necessary to permit redevelopment of the property under R-3 standards.  Mr. Craion’s argument for a variance to allow replacement of the existing mobile home with another is not as strong as for the setbacks, but should be carefully considered by the Board. Lewis Street, with the exception of two lots zoned T-2, is zoned R-3, however, the actual structures on the street are about evenly divided between site built (legally permitted structures) and mobile homes (prohibited use). In addition, there is not a clear pattern to their allocation among the lots. While it is safe to state that R-3 is probably not the best zoning for the entire area, one cannot clearly find a way to appropriately designate the lots based on current use without the zoning map of the area looking like an odd checkerboard. While replacement of the existing unit is extending a non- conforming use, it is not an expansion of the mobile home use. Unless there are creditable objections from adjacent property owners, the requested use variance should be granted. ATTACHMENTS 1. Location Map CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 1286 County Road 85 BZA Application – 140610-02 DATE June 15, 2014 PROPOSED DEVLOPMENT Petitioner: Orelynn Golson Property Owners: Orelynn Golson Agent: N/A Location: 1286 County Road 85 Development Status and History Previous Variance Requests/Approvals: N/A Conditions of Previous Approvals: N/A Property Configuration Acreage: 5 acres Zoning Classification: FAR, Forest, Agricultural, Recreation Relevant District Standards: Zoning Ordinance Section 74 Forest, Agricultural, Recreation district requirements: Height of Buildings: No building shall exceed two and one-half (2 ½) stories or thirty-five (35) feet in height except in the case of towers, spires, domes or other such structures not designed for human occupancy may exceed this height, provided such structures comply with the provisions of all other pertinent codes and ordinances, and provided further, that such structures are located no closer to the Page 2 of 3 nearest property line than the distance equal to their height plus ten (10) feet. Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): Location of a 12’ high accessory structure near the northeast corner of the lot. Structure setback from the north property (side) line will be 12’ rather than the 22’ required by Section 74. Statement of Hardship: (taken from application) “We had already started process and building is in place 12 feet from line. Property drops steeply and into floodplain behind the building. Trying to do everything legally and didn’t know right away we needed a permit. There is swamp and unusable land on back two lines. All adjoining owners are amiable to this.” PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: Site visit April 21, 2014 Recommendation: Approval due to minimal or not impact to adjacent vacant land Planning Staff Comments: State code and best practices require the BZA to measure variance requests against several basic standards. Below is the staff opinion regarding the standards and this request. 1. No special conditions and circumstances exist regarding this structure which are not applicable to other lands, structures, or buildings in the same FAR zoning district. Page 3 of 3 2. 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. The special conditions and circumstances do result from actions of the applicant. 4. The granting of a variance will confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same FAR district; 5. The granting of a variance is in harmony with the intent and purposes of the zoning ordinance; 6. A variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole; 7. A variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance in an FAR district.  Ms. Golson does not clearly state the circumstances of that exist on her lot. Her house was built prior to being annexed into the city limits and is located near the rear portion of the 5 acre lot. The large portion of the rear yard drops away from the house into the Breakfast Creek floodplain making difficult to develop or unavailable for development.  While Ms. Golson may adjust the location of the accessory structure, the proposed location is adjacent to large parcels that are unavailable for development due to the floodplain or unlikely to develop due to a lack of road frontage.  The requested variance will not have a significant impact on the surrounding property or spirit of the zoning ordinance. ATTACHMENTS 1. Location Map CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 1818 Riverton Drive BZA Application – 140610-03 DATE June 15, 2014 PROPOSED DEVLOPMENT Petitioner: Double D Builders, LLC Property Owners: Robertson Builders, LLC Agent: Don Moser Location: Vacant lot at 1818 Riverton Drive Development Status and History Previous Variance Requests/Approvals: N/A Conditions of Previous Approvals: N/A Property Configuration Acreage: 17,595 square feet Zoning Classification: R-2, Single-family Residential Relevant District Standards: Zoning Ordinance - Section 71 Residential district requirements: R-2 District: Minimum Yard Size: Front yard - 35' Rear Yard – 40' Side Yard – 10' Page 2 of 4 Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): Original Application (as advertised)  Encroachments into required 35” front setbacks on Trolley Road and Riverton Drive and 40’ rear setback. Amount of encroachment: a. Trolley Road frontage –10’ into front yard b. Riverton Drive frontage – 9’ into front yard c. 30’ encroachment into rear yard. Revised Application (submitted 5/30/2014) Changing from single story to two story structure.  Encroachments into required 35” front setback on Trolley Road and the 40’ rear setback. Amount of encroachment: a. Trolley Road frontage –10’ into front yard b. Encroachment into rear yard – unclear from drawing, but less than originally submitted. Statement of Hardship: (taken from application) “This lot is on the corner of Riverton Drive and Trolley Road. The building line is 35ft. I am requesting the building line on Trolley Road be changed to 25ft and one corner of the where the house will be location on Riverton Drive be changed 26ft. I am requesting this variance due to the slope of the lot and an embankment which runs the length of the lot (east property line) causing a hardship on the land. Proposed house 2,068 square feet – equal to average house in the neighborhood.” (items in parenthesis added for clarification) PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: Site visit May 5, 2014 Recommendation: Approval due to corner lot, shape of the lot, and slope and difference in elevation of adjacent lot on east property line. Page 3 of 4 Planning Staff Comments: State code and best practices require the BZA to measure variance requests against several basic standards. Below is the staff opinion regarding the standards and this request. 1. Special conditions and circumstances exist regarding this lot which are not applicable to other lands, structures, or buildings in the same FAR zoning district. 2. 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. The special conditions and circumstances do result from actions of the applicant. 4. The granting of a variance will confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same FAR district; 5. The granting of a variance is in harmony with the intent and purposes of the zoning ordinance; 6. A variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole; 7. A variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance in an FAR district.  Lot 11, Riverchase North, Plat 6 was approved by the Planning Commission on February 21, 2008. While the size of the lot is sufficient to meet the basic requirements of R-2 zoning, its location on a corner, trapezoidal shape, and the difference in elevation between it and the its eastern neighbor create difficulty when building to the average size in the neighborhood.  Similar variances were granted by the BZA in 2012 for the adjacent lot at 1817 Riverton Drive  The requested variance will not have a significant impact on the surrounding property or spirit of the zoning ordinance. Page 4 of 4 ATTACHMENTS 1. Location Map 2. Original layout submitted with application and photos. 3. Revised layout submitted to Planning Department on May 30, 2014.