08 - August 12
PLANNING & DEVELOPME NT DEPARTMENT
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
August 12, 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:
May 13, 2014 and June 16, 2014
Old Business:
None
New Business:
1. 140812-01 VARIANCE
To encroach into the required 20’ front yard setback.
406 Hallmark Drive
T-1 Zoning District (Mobile Home Subdivision)
John M. Capp, Petitioner
District 2
2. 140812-02 VARIANCE
To reduce the required 30’ frontage landscape setback.
Legends Parkway
B-2 Zoning District (General Business)
Lemak Prattville Clinic, LLC, Petitioner
District 5
Miscellaneous:
November 11, 2014 meeting date.
Adjourn:
Prattville Board of Zoning Adjustment
August 12, 2014 Minutes
Page 1 of 2
City of Prattville Board of Zoning Adjustment
Minutes
August 12, 2014
CALL TO ORDER:
The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by
Chairman Leo Jamieson at 4:00 p.m. on Tuesday,August 12, 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 May 13, 2014 and June 16, 2014 meetings. Mrs.
Schannep seconded the motion. The motion passed unanimously.
OLD BUSINESS:
None
NEW BUSINESS:
VARIANCETo encroach into the required 20’ front yard setback.
406 Hallmark Drive
T-1 Zoning District (Mobile Home Subdivision)
John M. Capp, Petitioner
Mr. Duke provided the staff report for the variance to allow a mobile home to encroach into the 20’
front yard at 406 Hallmark Drive.He stated that he variance was justified due to an encroachment of
the cul-de-sac radius.He stated the petitioner was requesting a minimal of 10’ variance to make the
lot usable.
John Capps,petitioner,presented the variance request to place a mobile home on property at 406
Hallmark Drive. He stated that the 28x52 double wide mobile home that he wanted to replace would
encroach into the front yard setback at the northeast corner. He stated that an existing permanent
workshop prevents him from setting the unit farther back to the rear.
Chairman Jamieson opened the public hearing.There were none to speak. The public hearing was
closed.
Mr. Cimis stated that the unique shape of the lot and the arc of the cul-de-sac created a hardship for the
petitioner.
After no further comments, questions, or discussion, the vote was called.The BZA voted unanimously
to approve the variance to allow a mobile to encroach 10’ into the required 20’front yard setback and
on property at 406 Hallmark Drive.
Prattville Board of Zoning Adjustment
August 12, 2014 Minutes
Page 2 of 2
VARIANCE
To reduce the required 30’ frontage landscape setback.
Legends Parkway
B-2 Zoning District (General Business)
Lemak Prattville Clinic, LLC, Petitioner
Mr. Duke provided the staff report for the variance request reduce the 30’ front landscape
requirements on property at Legends Parkway. He stated that the property was located adjacent to
2722 Legends Parkway between Firestone and Mellow Mushroom. He stated that the variance was
justified due to the depth of the lot, topography, public easements, and the landscaping ordinance
creating an extraordinary hardship.
Cathy Gerachis of Goodwyn, Mills & Cawood, petitioner’s representative,presented the request for
the landscape variance. She stated that if the landscape requirement was met they would lose some
front parking spaces.She stated that a synthetic turf would be added to the rear of the building which
would impede shifting the building to the rear. She stated that the required amount of vegetation
would be met.
Matthew Lemak, petitioner, stated that the parking requirements would be met for staff and clients.
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 reduce the required 30’ frontage landscape setback (as submitted)on
property at Legends Parkway.
MISCELLANEOUS:
Due to holiday schedule, the BZA voted unanimously to reschedule their regular November 11, 2014
meeting to November 10, 2014 at 4:00 p.m.
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 406 Hallmark Drive
BZA Application – 140812-01
DATE August 8, 2014
PROPOSED DEVLOPMENT
Petitioner: John M. Capps
Property Owners: Same
Agent: N/A
Location: 406 Hallmark Drive (north end of Hallmark Drive – west side
of the street)
Development Status and History
Previous Development
Approvals
Developed as Lot 20, Block C, New Moon Subdivision, Plat
4. Recorded February 1973.
Previous Variance
Requests/Approvals:
No previous variances
Conditions of Previous
Approvals:
N/A
Property Configuration
Acreage: Approximately 0.16 acres (6,970 square feet)
Zoning Classification:
T-1, Mobile Home Subdivision
Relevant Standards: Section 68 – Definitions.
Yard, front - The yard extending across the entire width of
the lot between the main building including covered porches,
and the front lot line, or if an official future street right-of-way
line has been established, between the main building,
including covered porches and the right-of-way line.
Page 2 of 4
Section 76— T-1 Districts
Minimum Lot Size: 6,500 square feet
Maximum Lot Coverage: 40%
Yard Setbacks:
Front: 20’
Rear: 10’
Sides: 10’/6’
Accessory Structure Location: behind rear building line
Accessory Structure Setbacks: 5’ from rear and side
lines.
Requested Variance:
Effective variance as re-stated by staff (see application for
applicant statement): Requesting a 10’ encroachment into
the required 20’ front yard in a T-1 district
Statement of Hardship:
(taken from application)
“I’m writing you to ask for your assistance in obtaining a
zoning variance for my property located at 406 Hallmark
Drive, Prattville, listed as Lot 20 Block C, New Moon
Subdivision, Plat 4, Prattville, MB 2, Page 266 SE 16 T17N,
R16E. The reason this variance is needed is that I purchased
a 28’x 52’ mobile home without the understanding of the
zoning due to the cul-de-sac making the property narrower
on one end. Your assistance in helping me resolve this
quickly is greatly appreciated.”
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: July 10, 2014
Recommendation: Variance is justified due to an encroachment by the cul-de-
sac radius. An extraordinary hardship exist on this property
limiting placement of a manufactured housing unit.
Page 3 of 4
Planning Staff Comments:
Background: The permit and review history for this site may provide some additional
insight in this case. In early July 2014, the applicant presented the Planning Department
with an application to place a new manufactured home on the lot at 406 Hallmark Drive.
The 20 x 90 unit to be permitted had already been delivered to the lot and placed roughly
in the same location as the one it replaced. When the unit was inspected, the department
found it to be over the required front, side and rear setbacks. Finding no variances on file
for 406 Hallmark Drive, the permit application was denied.
The applicant, Mr. Capps, stated that he assumed a new 20 x 90 unit matching one that
had been on the property since 2010 would be approved. The unit placed in 2010
replaced a 30 x 72 lost in a fire in late 2009. Mr. Capps has removed the unpermitted unit
from the property as of August 8, 2014.
Analysis: Included with this report as Attachment B is a copy of New Moon Subdivision,
Plat 4 with Lot 20, Block C highlighted. It is apparent where the cul-de-sac radius cuts
into the lot and reduces the depth of the northern portion of the lot. Setback is measured
from the point closest to the front property line. The cul-de-sac radius pushes the 20’
minimum front setback deep into the lot. A unit at the minimum 20’ setback on the northern
portion of the lot is at roughly 45’ when measured along the south property line. The
curved front property line and the relatively short depth of the lot combine to limit the use
of the lot. The applicant is asking for the minimum variance necessary, 10’ from the front
setback at the NE corner of the proposed unit, to allow use of the property.
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-2 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 not confer a special privilege on the applicant that
is denied by the zoning ordinance to other lands, structures, or buildings in the
same R-3 district;
Page 4 of 4
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 a T-1 district.
ATTACHMENTS
1. Attachment A – Application
2. Attachment B – New Moon Subdivision, Plat 4, Lot 20, Block C highlighted
3. Attachment C – Aerial Photo – 406 New Moon Drive
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
VARIANCE Vacant Parcel – Cobbs Ford Road/Legends
Parkway – adjacent to 2723 Legends Parkway
BZA Application – 140812-02
DATE August 11, 2014
PROPOSED DEVLOPMENT
Petitioner: Lemak Prattville Clinic, LLC
Property Owners: Same
Agent: Goodwyn, Mills Cawood, Inc.
Location: Vacant lot – Legends Parkway – north side; adjacent to 2723
Legends Parkway
Elmore County Tax Parcel: 29-26-04-18-0-001-001.005
Development Status and History
Previous Development
Approvals
Previously platted as Outparcel A1 of PrattCenter, Plat 1B
recorded in March 2012
Previous Variance
Requests/Approvals:
No previous variances
Conditions of Previous
Approvals:
N/A
Property Configuration
Acreage: Approximately 2.9 acres
Zoning Classification:
B-2, General Business
Page 2 of 4
Relevant Standards: Section 145. - General site and off-street parking area
landscaping requirements.
Landscaping of development sites and off-street parking
areas shall be of four (4) types as described below and shall
conform to landscape plans submitted and approved in
accordance with the requirements of this section.
(a) - Frontage landscaping and foundation planting
requirements. Frontage landscaping shall require a
landscaped strip with a minimum ten-foot depth along
all adjacent public rights-of-way. Frontage
landscaping shall include a minimum of one (1) tree
and six (6) shrubs per full forty (40) linear feet of the
frontage strip; shrubs are optional in areas where a
berm at least four (4) feet in height is used, Trees and
shrubs shall be well distributed, though not
necessarily evenly spaced.
A lot with less than one hundred fifty (150) feet
frontage and adjacent to a right-of-way shall have a
frontage strip depth of ten (10) feet; a lot with one
hundred fifty (150) feet to two hundred fifty (250) feet
frontage shall have a frontage strip depth of twenty
(20) feet; a lot with over two hundred fifty (250) feet
frontage shall have a frontage strip depth of thirty (30)
feet
Requested Variance:
Effective variance as re-stated by staff (see application for
applicant statement): Requesting a 16.34’ encroachment
into the required 30’ landscaping setback required by
Section 145 of the Zoning Ordinance. Setback
encroachment is greatest at eastern end of the frontage and
reduces to zero near proposed western driveway.
Requested variance reflects the deepest encroachment into
the setback.
Statement of Hardship:
(taken from application)
“The owner request a maximum variance of 16.34’ across
50% of the total lot frontage from the front setback
requirement in the landscaping ordinance. The shape of the
parcel, the rising topography, the location in the curve of
Page 3 of 4
Legends Parkway and the location of the connection to the
adjacent lot make complying with the 30’setback across the
entire parcel prohibitive”
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: August 8, 2014
Recommendation: Variance is justified due to depth of the lot, topography,
public easements, and landscaping ordinance creating an
extraordinary hardship.
Planning Staff Comments:
Analysis: While platted at 2.9 acres, Outparcel A1 of the PrattCenter, Plat 1B contains a
couple of features that serve to reduce the amount of land available for development.
First, the areas along the west and north property lines contain steep slopes. Second, a
public drainage easement cuts through the western third of the property. These features
combine to force development into the southeastern corner of the lot and reduce the
effective area of the lot. The landscaping setback requirement in Section 145 uses the
amount of frontage to determine the setback depth. When the ordinance was adopted,
the Planning Commission assumed that wider frontage generally corresponds with a
larger lot. The setback trigger in Section 145 does not vary regardless of whether the lot
is 1000’ deep or 300’ deep. Outparcel A1’s characteristics and the landscaping
ordinance conspire to create an unnecessary burden on the owner of the lot. As
demonstrated by the applicant’s proposed landscaping plan, a variance from the 30’
setback may be granted and the spirit of the ordinance maintained.
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-2 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.
Page 4 of 4
3. The special conditions and circumstances do not result from actions of the
applicant.
4. The granting of a variance will not confer a special privilege on the applicant that
is denied by the zoning 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 not allow the establishment of a use prohibited under the terms of
the zoning ordinance in a B-2 district.
ATTACHMENTS
Attachment A - Application
Attachment B - Prattcenter Subdivision, Plat 1B – Outparcel A1 highlighted 3.
Attachment C - Aerial Photo – Legends Parkway