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07 - July 09Approved 10/8/13 Prattville Board of Zoning Adjustment July 9, 2013 Minutes Page 1 of 4 City of Prattville Board of Zoning Adjustment Minutes July 9, 2013 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,July 9, 2013. ROLL CALL: Present:Chairman Leo Jamieson,Vice-Chairman Mrs. Jerry Schannep,Mr. Gerald Cimis, Mr. Mac Macready,and Mr. James Miles. 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 June 11, 2013 meeting. Mr. Macready seconded the motion. The motion passed unanimously. OLD BUSINESS: None NEW BUSINESS: USE-ON-APPEAL To allow an offsite sign on property VARIANCE To allow a 2nd freestanding sign on property. 1921 Cobbs Ford Road B-2 Zoning District (General Business) Premiere Place Phase II, LLC/Pilgreen Engineering, Petitioner Mr. Duke introduced the use-on-appeal request to allow an offsite sign and the variance to allow second sign on property.He stated that the existing sign on the property would be considered the offsite sign for it currently advertised the Premiere Place Shopping Center. He stated that the property was re-platted some time ago for the sale of two outparcels and the existing sign was not re-platted as part of the Premiere Place property. He stated that the buyer of the requested lot wanted to place a sign to advertise their business which would be the second size on that lot. Pep Pilgreen of Pilgreen Engineering, petitioner’s representative, stated that the existing sign was installed for the Premiere Place Shopping Center that was built in 1996. He stated that there were no other signs on the property to identify the shopping center. He stated that the re-plat was done approximately three years ago to subdivide out the current lot and the present American Family Care. He stated that the re-platting of the sign on the Premiere Place property was an oversight. Chairman Jamieson asked if the sign could be moved to proper property. Mr. Pilgreen stated that there was no room to move the sign. David McClinton of McClinton & Company, petitioner’s representative, stated that the proposed sign would not be any higher that city regulations. He stated that the proposed sign would be situated to be Approved 10/8/13 Prattville Board of Zoning Adjustment July 9, 2013 Minutes Page 2 of 4 viewed at east to west direction. He also stated that there would be approximately 15-20’between the two signs. Chairman Jamieson opened the public hearing. Mike McManus, representative for Applebee’s, spoke in opposition to the request. He stated that they didn’t want to lose viewing of their sign. After viewing the presented site map of the sign location he stated that he did not foresee any issue. The public hearing was closed. Mr. Miles stated that the sign’s proposed location sits below the retaining wall shown on the plans for the proposed restaurant use.He asked the representatives what would be the possibility of the petitioner coming back to request a height variance. Mr. McClendon stated that there would be zero percent chance for future request for a height variance. Mr. Cimis stated that the two signs would be located too close. He stated that the offsite sign should be platted with the proper property. After no further comments, questions, or discussion, the vote was called. Mrs. Schannep moved to approve the use-on-appeal to allow the (existing) offsite sign. Mr. Miles seconded the motion. The motion passed by 4/1 vote as recorded. Favor: Mr. Miles, Mr. Macready, Mrs. Schannep, and Chairman Jamieson. Oppose: Mr. Cimis. Mr. Cimis moved to approve the variance request to allow a second sign on property contingent that the proposed sign does not substantially block the view of any other sign on Cobbs Ford Road. The motion to approve passed unanimously. The BZA voted 4/1 to approve the use-on-appeal to allow an offsite sign and voted unanimously to approve the variance request to allow a second sign on property at 1921 Cobbs Ford Road. VARIANCE To encroach 10’ into the required 35’ front yard 407 Azalea Drive R-2 Zoning District (Single Family Residential) Christopher S. Burkey, Petitioner Mr. Duke introduced the variance request for a porch to encroach 10’ into the 35’ front yard setback at 407 Azalea Drive. Christopher Burkey, petitioner, stated that he purchased the property six years ago and wanted to add a front porch to provide shade from the (west)evening sun which would help keep his house cool. He stated that the proposed porch would be metal awning,44’ long and would extend out 10’. Chairman Jamieson stated that the petitioner’s house appears to protrude farther out that the adjacent property and the proposed porch would make the house appear more exaggerated. Mrs. Schannep stated that because the house appears to be protruding out more there would not be much difference with the proposed porch. Chairman Jamieson opened the public hearing. Approved 10/8/13 Prattville Board of Zoning Adjustment July 9, 2013 Minutes Page 3 of 4 Tonya Alford, 621 Japonica Road, spoke in favor of the request. The public hearing was closed. Mr. Cimis stated that there was no uniqueness to the petitioner’s property because it faced the west. After no further comments, questions, or discussion, the vote was called.The BZA voted 3/2 to deny the variance to encroach 10’ into the required 35’ front yard on property at 407 Azalea Drive. The votes as recorded:Oppose: Mr. Miles, Mr. Cimis, and Chairman Jamieson.Favor: Mrs. Schannep and Mr. Macready. USE-ON-APPEAL To allow use as after-school care and summer day camp. 720 Doster Road B-1 Zoning District (Local Shopping District) Gateway Youth Empowerment/Felicia Bates, Petitioner Mr. Duke introduced the use-on-appeal request to allow an after-school care and summer day camp on property at 720 Doster Road.He stated that the request was an allowed use with the board’s approval. Felicia Bates, petitioner’s representative, stated that she was the director of Gateway Youth Empowerment which currently operates on Glynwood Drive. She stated that the center would operate Monday through Friday from 2:30 p.m. until 7:00 p.m. and during the summer from 6:30 a.m. until 5:30 p.m. She stated that the center caters to at risk, juveniles K-12 grade. She stated that they currently have 22 enrolled students. She stated that the maximum occupancy load for the proposed building is 70. She stated that they are currently working on fencing around the entire building. She stated that the children would be allowed to recess only in the rear of the property. Chairman Jamieson opened the public hearing. Jeff Baranowski, 104 Cypress Creek Way, spoke in opposition to the request. He stated that his property was located on the rear of the proposed property on the other side of the creek. He stated that his concern was for the safety of the kids and how registered sex offenders in the area affected the operation of the school. He presented a letter of opposition signed by adjacent property owners on Cypress Creek Way and a letter by Dianne Willis, 106 Cypress Creek Way. (Letters made a part of the minutes). The public hearing was closed. Mrs. Bates addressed the public comments. She stated that they were placing a privacy fence around the property. She also addressed the concerns regarding registered sex offenders stating that law would not require the established offender to move since the proposed school is moving into the neighborhood. She stated that should a problem arise then at that time the matter would be dealt with accordingly. After no further comments, questions, or discussion, the vote was called.Mr. Miles moved to approve the use-on-appeal to allow use as after-school care and summer day camp.Mr.Macready seconded the motion. The motion passed by 4/0 vote as recorded. Favor: Mr. Miles, Mr. Macready, Mrs. Schannep, and Chairman Jamieson. Oppose:None. Abstain:Mr. Cimis. The BZA voted 4/0 to approve the use-on-appeal to allow use as after-school care and summer day camp on property at 720 Doster Road. Approved 10/8/13 Prattville Board of Zoning Adjustment July 9, 2013 Minutes Page 4 of 4 MISCELLANEOUS: Mr. Duke reminded the Board of classes being offered in Sylacauga by UNA Continuing Studies & Outreach. The BZA discussed holding a work session for July 23, 2013. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:50 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment