09 - Sept. SP MTGPrattville Board of Zoning Adjustment
September 16, 2014 Minutes (Special Meeting)
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City of Prattville Board of Zoning Adjustment
Minutes
Special Meeting
September 16, 2014
CALL TO ORDER:
The special meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice-
Chairman James Miles at 4:03 p.m. on Tuesday,September 16, 2014.
ROLL CALL:
Present:Vice-Chairman James Miles,Mr. Gerald Cimis,Mr. Mac Macready,Mrs. Jerry Schannep and
Commander Whaley.Absent:Chairman Leo Jamieson.
Quorum Present
Staff present:Mr. Joel Duke, City Planner and Ms.Alisa Morgan,Secretary.
Vice-Chairman Miles 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:
None
OLD BUSINESS:
None
NEW BUSINESS:
USE-ON-APPEAL
To permit extension of 18 month temporary structure
508 McQueen Smith Road
B-2 Zoning District (General Business)
J. J. S. Enterprises, LLC, Petitioner
Mr. Duke provided the staff report for the use-on-appeal request to extend the temporary structure for
18 months on property at 508 McQueen Smith Road.He stated that the property is zoned B-2 and the
proposed car sales is an allowable use.He stated that the structure was originally placed by Buford
Gilmore. He stated that the proposed use of the property is for automobile sales.
Matt Parsley,of J. J. S. Enterprises, LLC,petitioner’s representative stated that they have been in
business at the same location on Mendel Parkway in Montgomery for 25 years. He stated that they are
renting the property from the current owner with hopes to purchase. He stated that they wanted to
extend the current temporary structure for an additional 18 months to allow time for them to start
business and within time to purchase property.
Vice-Chairman Miles 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.Mr. Cimis moved to approve
the request to permit the extension of the temporary structure at 508 McQueen Smith Road for 18
months contingent that the structure is removed if vacated prior to the end of the 18 month time period.
Commander Whaley seconded the motion.
Prattville Board of Zoning Adjustment
September 16, 2014 Minutes (Special Meeting)
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The motion to approve passed unanimously.
VARIANCE
To allow an accessory structure in the side yard
1075 Lower Kingston Road
R-3 Zoning District (Single Family Residential)
Earl Summerlin, Petitioner
Mr. Duke provided the staff report for the variance request to place a detached garage in the side yard
on property at 1075 Lower Kingston Road.He stated that the 30x40 structure was already completed
prior to purchasing a building permit.
Earl Summerlin, petitioner,presented the request for the garage in the side yard. He stated that he
hired a contractor to build the structure (Crown Steel Buildings out of Georgia). He stated that hedidn’t realize that a permit had not been pulled until he requested power by the power company. He
stated that he was told by the contractor later that he was responsible for obtaining the permit. He
stated that the property is not typical of R-3 subdivisions. He stated that the property is over 5 acres.
Vice-Chairman Miles 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 in the side yard on property at 1075 Lower
Kingston Road.
MISCELLANEOUS:
The BZA discussed holding a training session in October.
ADJOURN:
After no further comments, questions or discussion the meeting was adjourned at 4:45 p.m.
Respectfully submitted,
Alisa Morgan,Secretary
Board of Zoning Adjustment
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
USE-ON-APPEAL J.J.S. Enterprises (Budget Car Sales) – 508
McQueen Smith Road South
BZA Application – 140916-01SP
DATE September 16, 2014
PROPOSED DEVLOPMENT
Petitioners: J.J.S. Enterprises, LLC
Property Owners: Gilmore, LLC
Agent: N/A
Location: 508 McQueen Smith Road
Development Status and History
Submission Status: Requesting renewal of permission to use a temporary
structure on the site for an 18 month period.
Previous Approvals: Granted use-on-appeal on March 9, 2004 for placement
of temporary building on the property for 18 months.
Conditions of Previous
Approvals:
None additional to the required city codes.
Property Configuration
Acreage: Approximately 0.55 acre
Proposed Use: Retail car sales
Current Zoning:
B-2 (General Business)
Required Zoning:
Use is permitted without additional approval by BZA
Surrounding
Developments and Uses:
All surrounding property is zoned B-2 General Business.
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Street Extensions or New
Streets:
None required or proposed.
Water and Sewer: Adequate potable water and sanitary sewer for the
proposed use is provided to the site.
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: August 26, 2014
Recommendation: This requested use has been referred back to the BZA as an
extension of a temporary structure approval granted
originally to the Mr. Buford Gilmore in March 2004. The
petitioner is requesting to renew and extend use of the
existing temporary structure for another 18 month period.
The petitioner has indicated a desire to build a permanent
structure 508 McQueen Smith Road South or another site in
Prattville within the 18 month period. The proposed use is
permitted by zoning and can be accommodated by the site.
The request should be approved.
Planning Staff Comments:
Below is the staff opinion of questions generally applied to uses-on-appeal:
1. The proposed temporary structure is an allowable use-on-appeal, and is not a
prohibited use in a B-2 district.
2. Development of the proposed temporary structure at 508 McQueen Smith Road
South is in the public interest and meets the spirit of the City of Prattville Zoning
Ordinance.
3. The proposed temporary structure will not cause substantial adverse impact to
adjacent or nearby properties or uses.
ATTACHMENTS
1. BZA approval – March 2004
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
VARIANCE 1075 Lower Kingston Road
BZA Application – 140916-SP02
DATE September 15, 2014
PROPOSED DEVLOPMENT
Petitioner: Earl and Rita Summerlin
Property Owners: Same
Agent: N/A
Location: 1075 Lower Kingston Road
Development Status and History
Previous Development
Approvals
N/A
Previous Variance
Requests/Approvals:
No previous variances
Conditions of Previous
Approvals:
N/A
Property Configuration
Acreage: Approximately 5.9 acres
Zoning Classification:
R-3, Single-family Residential
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Relevant Standards: Section 9. - Structures.
a. [General.] It is the intent of this ordinance, that there shall
be but one (1) main structure on any lot zoned or used for
single-family residential purposes; also, accessory
structures shall not exceed fifty (50) percent of the total
floor area of any main structure. No accessory structure
shall be used as living quarters; however, protective
shelters may provide temporary living quarters in times of
danger or emergency. This section shall not apply to
multifamily developments as defined herein.
Section 68. – Definitions
Accessory structure. Any detached minor building in the rear
of the main building consisting of masonry or frame walls and
roof, one (1) or two (2) stories in height, necessary as an
adjunct to the use or occupancy of a principal or main
structure.
Yard, rear. The yard extending across the entire width of the
lot between the main building, including covered porches,
and the rear lot line.
Yard, side. The yard extending along a side lot line, from the
front yard to the rear yard, between the main building,
including covered porches and carports, and such lot line.
Requested Variance:
Effective variance as re-stated by staff (see application for
applicant statement): Requesting variance to permit
placement of the 30 x 40 accessory structure in the side yard
rather than the rear yard as required by Zoning Ordinance.
Statement of Hardship:
(taken from application)
“Only a small portion of my property is visible from the road.
Building site and home are located up and off the road,
proposed building site is not seen from the road and roof line
of home is barely seen from the road and only if you turn into
drive. Property is 5.9 acres and is more of a rural wooded
setting than a residential setting.
The property behind my residence drops off very steep and
is heavily wooded. My residence is located toward the rear
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right of my property which leaves the open pasture to the left
side of my house the only viable building site.
There is nothing behind property but swamp and Highway
82. To the right of property is a rental home that is at least
300 yards (heavily wooded down a steep drop off across a
creek)”
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: August 12, 2014
Recommendation: Variance may be granted without adverse impact to subject
property or surrounding property. Orientation of lot and main
structure and topography are possible justifications for the
variance.
Planning Staff Comments:
Analysis: Mr. Summerlin submitted a building permit application for the subject accessory
structure after requesting electrical service for the completed structure and discovering
that a permit was required for its construction. The application for permit was denied
based on the location of the structure in conflict with the Zoning Ordinance.
Mr. Summerlin’s property is a large lot located on the relatively undeveloped edge of the
city limits. The main structure is located further off Lower Kingston than required by
ordinance and to the east side of the property. It appears the greater setback may be due
to the steep topography near the street. The rear portion of the property is heavily wooded
and slopes down to the Norfolk Southern railroad tracks. The slope averages 15%. The
placement of the main building near the east property line and the rear yard slope leave
most the open space on the lot between the main structure and the west line. This side
yard is a cleared level pasture creating a large separation between Mr. Summerlin and
his neighbor. While not located in the rear yard as required, the accessory structure is
unlikely to negatively impact adjacent properties or Mr. Summerlin’s 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.
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1. No 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 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 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 an R-3 district.
ATTACHMENTS
1. Attachment A - Aerial Photo – 1075 Lower Kingston Road
280
2 4 0250
2 6 0
2 7 0
290
300
230310
²1 inch = 80 feet
Aerial photography date: March 2010
Legend
Autauga Co Tax Parcel
BUILDING_FOOTPRINT 2010