2010-October 13 BZA
1 0 2 W e s t M a i n S t r e e t \ P r a t t v i l l e , A L 3 6 0 6 7 \ 334. 5 9 5 . 0 5 0 0 \ p r a t t v i l l e a l . g o v
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP
DIRECTOR
CITY OF PRATTVILLE
BOARD OF ZONING ADJUSTMENT
A G E N D A
October 13, 2020
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:
1. 201013-01 USE-ON-APPEAL:
To operate a home lawn care business.
1976 Regent Road
R-3 Zoning District (Single Family Residential)
Tyler Lawrence, Petitioner
District 4
Public Hearing
2. 201013-02 VARIANCE:
To vary from the material required for accessory structures.
814 Selma Highway
R-2 Zoning District (Single Family Residential)
Mitch Devers, Petitioner
District 7
Public Hearing
3. 201013-03 USE-ON-APPEAL:
To operate a home cosmetology business.
102 Griffith Ave.
R-2 Zoning District (Single Family Residential)
Rhyan Greer Howe, Petitioner.
District 3
Public Hearing
Minutes:
August 11, 2020
Miscellaneous:
Adjourn:
Approved 11/10/20
Prattville Board of Zoning Adjustment October 13, 2020 Minutes Page 1 of 3
City of Prattville Board of Zoning Adjustment Minutes October 13, 2020
CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice-
Chairman Charles Knapp at 4:00 p.m. on Tuesday, October 13, 2020. ROLL CALL: Present: Vice Chairman Charles Knapp, Mr. Billy Barrett, Mr. Greg Duke, and Ms. Sarah Johnson. Absent: Chairman Jerry Crosby. Also present was Supernumerary Member, Mr. Neal Parker. Quorum Present Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie
Williams, Planner; and Ms. Alisa Morgan, Secretary. Vice-Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure of the meeting. COMMITTEE REPORTS: There were no reports to be made. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: USE-ON-APPEAL: To operate a home lawn care business. 1976 Regent Road
R-3 Zoning District (Single Family Residential) Tyler Lawrence, Petitioner Mr. Stephens provided the staff report for the use-on-appeal request to operate a home lawn care business on property located 1976 Regent Road. Tyler Lawrence, petitioner, presented the request for a use-on-appeal to operate a home lawn care business at 1976 Regent Road. He stated that he currently has a lawn mower and a 6x14’ trailer and
does not plan to add any new equipment. He stated that he plans to widen the gate to allow the trailer to store behind the existing fence.
Vice-Chairman Knapp read comments in a letter received from adjacent property owner, Peggy Roberson-Rogers, 1954 Regent Road. Mr. Lawrence addressed those concerns that were presented.
Vice-Chairman Knapp opened the floor for public comments. There being none to speak. The public hearing was closed. Vice-Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. Barrett moved to establish the findings of fact stating that 1) the proposed home occupation is an allowable use-on-appeal, and is not a prohibited use in a R-3 district, 2) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr.
Approved 11/10/20
Prattville Board of Zoning Adjustment October 13, 2020 Minutes Page 2 of 3
Parker seconded the motion. The motion to approve the findings of fact passed unanimously.
After no further discussion, the vote was called. Mr. Parker moved to approve the request as submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to
approve passed unanimously. The BZA voted to approve the use-on-appeal request to operate a home lawn care business at 1976
Regent Road. VARIANCE To vary from the material required for accessory structures. 814 Selma Highway R-2 Zoning District (Single Family Residential)
Mitch Devers, Petitioner Mr. Parker being a client of the petitioner asked to recuse himself from the case because of a potential conflict of interest.
Darrell Rigsby provided the staff report for the variance for an accessory structure at 814 Selma Highway. He stated that the Zoning Ordinance requires that the exterior materials or cladding shall be similar to and complement that of the primary structure. An exception to this shall be the allowance of
one metal sided structure no larger than 200 square feet located in a rear yard; but the proposed accessory structure will encroach on the required size for a metal clad building. He stated that the existing residence is not visible from Selma Highway and proposed structure will not be visible from
Selma Highway due to the proposed location behind the residence.
Mitch Devers, petitioner, presented his request for an accessory structure for property at 814 Selma Highway. He stated that the property is a five acre lot, surrounded by three other family/relatives in the area. He stated that the 40x50 metal structure will match the color of the main structure. He stated that there are large trees on the rear but no other buffer that would prevent the back of the building from being seen. He stated that there will be no other accessory structures on the property.
Vice-Chairman Knapp opened the floor for public comments. There being none, the public hearing was closed.
Vice-Chairman Crosby opened discussion for the Board. In their discussion, the Board found that the property location and lot size would not compromise the neighbors. After their discussion, the vote was called. Mr. Duke moved to establish the findings of fact stating that 1) special conditions and
circumstances do not exist which are peculiar to the land, structure, or building; 2) that 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) that the special conditions and circumstances do not result from actions of the applicant (self-imposed hardship); 4) that granting of a variance will not confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district; 5) that granting of a variance is in
harmony with the intent and purposes of the zoning ordinance; and 6) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Barrett seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Barrett moved to approve the request as submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance request to vary from the material required for a 40x50 accessory structure at 814 Selma Highway.
Mr. Parker resumed his seat after action taken on Selma Highway.
Approved 11/10/20
Prattville Board of Zoning Adjustment October 13, 2020 Minutes Page 3 of 3
USE-ON-APPEAL To operate a home cosmetology business. 102 Griffith Ave. R-2 Zoning District (Single Family Residential) Rhyan Greer Howe, Petitioner. Mr. Stephens provided the staff report for a use-on-appeal to operate a home cosmetology business on property currently zoned as R-2, Single Family Residential, located at 102 Griffith Avenue. He stated
that a letter was received from an adjacent property owner at 107 Griffith Avenue. Rhyan Greer Howe, petitioner, presented the request to operate a home cosmetology business located at 102 Griffith Avenue. She stated that the business is for installing eyelashes and would be located in a separate room that will allow one client at a t time. Parking would be restricted to the existing gravel area in the driveway. She stated that she would allow only six clients per day with no current plans to expand.
Vice-Chairman Knapp opened the public hearing. There being none, the public hearing was closed. Vice-Chairman acknowledge the letter of opposition to the request received from Gerald and Beverly
Venable, 107 Griffith Avenue. Vice-Chairman Knapp opened discussion for the Board. After their discussion, the vote was called.
Mr. Parker moved to establish the findings of fact stating that 1) the proposed home occupation is an allowable use-on-appeal, and is not a prohibited use in a R-2 district; 2) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Duke seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Barrett moved to approve the request based on the approved findings of fact. Mr. Parker seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal to operate a home cosmetology business on property
located at 102 Griffith Avenue. MINUTES: Mr. Parker moved to approve the minutes of the August 11, 2020, regular meeting. Mr. Duke seconded the motion. The motion to approve passed unanimously.
MISCELLANEOUS: Vice-Chairman Knapp welcomed the newest appointed member, Ms. Sarah Johnson, to the BZA. ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:54 p.m.
Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
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From:Peggy Roberson-Rogers
To:Morgan, Alisa
Subject:[EXTERNAL]Public Hearing, Oct. 13, 2020-Lawn Care Business @ 1976 Regent Rd
Date:Monday, October 12, 2020 11:53:47 AM
As a 15-year Regent Rd. resident, I am opposed to any business conducted in a residential
neighborhood. I have safety and property value concerns; specifically, my concerns are as follow: Equipment, cars and trucks parked on the street (in addition to other residents'cars) Equipment, cars and trucks parked blocking side walk Prevention of city workers, street cleaner, mail delivers, etc.access to homes and to do their jobs Possible decrease in property value in the area
19011210013010000Peggy Roberson-Rogers1954 Regent RdPrattville, AL 36066
"Don't worry about anything; instead, pray about everything. Tell God what you need, and thank him forall he has done." Philippians 4:6 NLT
Page 1 of 2
Staff Report
Board of Zoning Adjustment
Use On Appeal 201013-01
MEETING DATE: October 13, 2020
PETITIONER: Tyler Lawrence
PROPERTY OWNER: Tyler Lawrence
SUBJECT SITE: 1976 Regent Road
REQUEST: To operate a home lawn care business
CURRENT ZONING: R-3 (Single-Family Residential)
LOCATION: 1976 Regent Road
SURROUNDING LAND North: Single-Family Residential (R-3)
USES AND ZONING: South: Single-Family Residential (R-3)
East: Single-Family Residential (R-3)
West: Single-Family Residential (R-3)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Use-on-appeal in order to operate a home occupation for lawn care service
ZONING ORDINANCE REFERENCED:
Section 69.1 addresses home occupations and states that home occupations are to be “limited in extent and clearly
incidental and secondary to the use of the property for residential purposes.”
‘Tier 2 Home Occupations’ require use-on-appeal approval from the BZA, and lawn care is listed specifically as a Tier 2
use.
ANAYLSIS/EVALUATION:
Below is the staff assessment of the three general question applicable to uses-on-appeal:
1. Is the proposed use an allowable use-on-appeal, and not a prohibited use in an R-3 district?
The requested use is an allowable through use-on-appeal. The proposed use is not a prohibited use in an R-3
district.
2. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of
Prattville Zoning Ordinance?
Page 2 of 2
The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. A
lawn care business is specifically listed as a use permitted on appeal (§69.1) in the Zoning Ordinance.
3. Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses?
The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in
this R-3 district, if equipment is properly stored. The equipment that will be utilized will be stored in an enclosed
trailer located behind the fence line.
The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances
of the city. The Board shall make written findings determining that the proposed use-on-appeal will not (§35):
1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed;
2. Permit the establishment of a use prohibited in the zoning district; or
3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the
proposed use is located.
The following are suggested questions, additional information, and/or conditions that may be considered:
1. Parking and equipment – where will vehicles and equipment (e.g. trailers) be parked? Section 69.1(2)(d) states
“Any business-related materials or equipment, including trailers, must be kept inside the home or fully enclosed
behind a fence. On lots larger than one acre, materials or equipment may be located in rear or side yards, at least
fifty feet (50') from property line, without being enclosed.”
Planning Department Recommendation: Approve
REGENT RD±Legend
Streets
GB_7
Autauga Tax Parcels
0 12060
Feet
Locations are approximate
Aerial Map - 1976 Regent Raod
MCQUEEN SMITH RD SREGENT RDLITTLE FARM RD
DUNDEE DR
BRIARWOOD STREGENT CTTURNBERRY CTCASTLEBROOK DRGLEN MEADOW CT LITTLE FARM PL±Legend
AUTAUGA_ELMORE_LINE
Streets
GB_7
Autauga Tax Parcels
0 1,000500
Feet
Locations are approximate
Location Map - 1976 Regent Raod
MCQUEEN SMITH RD SREGENT RDLITTLE FARM RD
DUNDEE DR
BRIARWOOD STREGENT CTTURNBERRY CTCASTLEBROOK DRGLEN MEADOW CT LITTLE FARM PLR-3
R-2
R-4
F.A.R.
B-2
O-1
R-2
R-4
B-2B-2
R-5
±Legend
AUTAUGA_ELMORE_LINE
Streets
GB_7
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0 1,000500
Feet
Locations are approximate
Zoning Map - 1976 Regent Raod
Page 1 of 5
Board of Zoning Adjustment
Staff Report
Variance 201013-02
MEETING DATE: October 13, 2020
PETITIONER: Mitch Devers
PROPERTY OWNER: Kenneth Mitch & Pamela Devers
SUBJECT SITE: 814 Selma Highway
REQUEST: Variance – To vary from accessory structure requirements
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: 814 Selma Highway
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: Single-Family Residential (R-2)
East: Single-Family Residential (R-2)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Variance Request to:
a. Allow metal sided accessory structure to be larger than 200 square feet (Section 69.3 (2) e.)
ZONING ORDINANCE REFERENCED:
Article 6 – General Provisions
Section 69.3 – Accessory Structures.
(2) Residential zones (not including multi-family zones).
a. Accessory structures shall be located in back or side yards at least ten feet (10') behind the front building
setback or the front plane of the primary structure, whichever is greater;
b. Accessory structures shall be located at least ten feet (10') from the primary structure and five feet (5') from
other accessory structures;
c. The cumulative area of accessory structures on a parcel shall not exceed fifty percent (50%) of the gross floor
area of the primary structure;
d. Accessory structures shall not be located closer than five feet (5') to property lines;
Page 2 of 5
e. Exterior materials or cladding shall be similar to and complement that of the primary structure. An
exception to this shall be the allowance of one metal sided structure no larger than 200 square feet located
in a rear yard;
f. Accessory structures shall not be used as a dwelling unit;
g. Residential zones with specific accessory structure requirements (e.g., R-5) for locations and setbacks shall be
followed in those zones.
Article 3. – Board of Zoning Adjustment
Section 36. - Variances.
a. The Board may authorize upon appeal in specific cases such variances from the terms of this ordinance as will not
be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of
this ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and
substantial justice done.
b. A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship
does, in fact, exist. In no case shall the Board grant a variance that permits the land, building or structure to be
occupied by a use prohibited within the zoning district in which the land, building or structure is located.
c. It is the intent of this ordinance that a variance be issued only to mitigate a physical condition of a parcel of land
which poses a practical barrier to its development and use conformance with this ordinance. Variances shall be
limited to the minimum adjustment necessary for the reasonable use of the land.
d. Before any variance is granted, the Board shall make written findings certifying the existence of the following
standards.
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands structures, or buildings in the same district.
2. That a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed
by other properties in the same district under the terms of the ordinance.
3. That special conditions do not result from actions of the applicant (self-imposed hardship);
4. That granting of the variance will not confer any special privilege on the applicant that is denied by this
ordinance to other lands, structures, or buildings in the same district;
5. That granting of the variance is in harmony with the intent and purposes of the ordinance;
6. That the variance will not adversely affect surrounding property, the general neighborhood, or the
community as a whole;
7. That no non-conforming use of neighboring lands, structures, or buildings in the same district, and no
permitted or non-conforming use of lands, structures, or buildings in other districts were considered as a
basis for the issuance of a variance;
8. That the variance will not allow the establishment of a use not permissible under the terms of the
ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the
ordinance in said district;
9. The variance requested is the minimum adjustment necessary to enable the legal use of the land,
building or structure.
Page 3 of 5
ANAYLSIS/EVALUATION:
Applicant is proposing to install/construct a 40’W x 50’L x 12’H (2000 sq ft) workshop/storage accessory structure in the
rear yard along the northwestern corner of property. Proposed accessory structure will encroach on the required size for a
metal clad building. The Zoning Ordinance requires that all accessory structures have exterior materials or cladding that is
similar to and complements that of the primary structure. An exception to this shall be the allowance of one metal sided
structure no larger than 200 square feet located in a rear yard.
The subject lot is more than 5 acres with only a driveways width street frontage on Selma Road (flag lot). Lot is mostly
wooded nearest to Selma Highway and at rear. Existing residence is not visible from Selma Highway and proposed
structure will not be visible from Selma Highway due to the proposed location behind the residence.
This request violates Section 69.3 (2) e. of the City of Prattville Zoning Ordinance and would need a variance in
order for a permit to be issued.
Page 4 of 5
814 Selma Highway - Existing
Page 5 of 5
814 Selma Highway Site Plan – Existing and Proposed Structures
SELMA HWY±Legend
StreetsGB_7
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0 300150
Feet
Locations are approximate
Aerial Map - 814 Selma Hwy
SELMA HWYRICE STGRAY DR
D
O
S
T
E
R R
DSTAKELY DRWASHINGTON FERRY RDLINDA LN
CLUBVIEW DRJESSYES LNKINGSWOOD DR
DALE DR
MCBRIDE ST
M A R L E T T E D R
S U M M E R H I L L R D
C Y P R E SS C R E EK W A Y
FESTIVAL CT
±Legend
Streets
GB_7
Autauga Tax Parcels
0 1,000500
Feet
Locations are approximate
Location Map - 814 Selma Hwy
SELMA HWYRICE STGRAY DR
D
O
S
T
E
R R
DSTAKELY DRWASHINGTON FERRY RDLINDA LN
CLUBVIEW DRJESSYES LNKINGSWOOD DR
DALE DR
MCBRIDE ST
M A R L E T T E D R
S U M M E R H I L L R D
C Y P R E SS C R E EK W A Y
FESTIVAL CT
R-2
B-1
T-1
F.A.R.
R-5
R-3
R-3
±Legend
Streets
GB_7
Autauga Tax Parcels
0 1,000500
Feet
Locations are approximate
Zoning Map - 814 Selma Hwy
From:Gerald Venable
To:Chambers, John
Cc:Morgan, Alisa
Subject:Request for Cosmetology business at 102 Griffith Ave.
Date:Tuesday, October 6, 2020 1:31:18 PM
CAUTION: This email originated from outside of the organization. Do not click links or openattachments unless you recognize the sender and know the content is safe.
My wife and I live at 107 Griffith Ave. We strongly oppose allowing the use of the property
at 102 Griffith Ave to be used for any type of business. Thank you,
Gerald Venable & Beverly Venable
Page 1 of 2
Staff Report
Board of Zoning Adjustment
Use On Appeal 201013-03
MEETING DATE: October 13, 2020
PETITIONER: Rhyan Greer Howe
PROPERTY OWNER: Bryce C. Howe
SUBJECT SITE: 102 Griffith Ave.
REQUEST: To operate a home cosmetology business
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: 102 Griffith Ave.
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: Single-Family Residential (R-2)
East: Single-Family Residential (R-2)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Use on appeal in order to operate a home cosmetology business.
ZONING ORDINANCE REFERENCED:
Section 69.1 addresses home occupations and states that home occupations are to be “limited in extent and clearly
incidental and secondary to the use of the property for residential purposes.”
‘Tier 2 Home Occupations’ require use-on-appeal approval from the BZA, and lawn care is listed specifically as a Tier 2
use.
ANAYLSIS/EVALUATION:
Below is the staff assessment of the three general question applicable to uses-on-appeal:
1. Is the proposed use an allowable use-on-appeal, and not a prohibited use in an R-2 district?
The requested use is an allowable use-on-appeal. The proposed use is not a prohibited use in an R-2 district.
2. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of
Prattville Zoning Ordinance?
Page 2 of 2
The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. A
lawn care business is specifically listed as a use permitted on appeal (§69.1) in the Zoning Ordinance.
3. Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses?
The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in
this R-2 district, if equipment is properly stored. The petitioner should be aware that no more than two clients may
be on the premises at any time, and no more than ten clients visiting the home on any day. The hours of operation
will be Monday 1pm -6pm, Friday and Sunday 9:00am – 3:15pm
The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances
of the city. The Board shall make written findings determining that the proposed use-on-appeal will not (§35):
1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed;
2. Permit the establishment of a use prohibited in the zoning district; or
3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the
proposed use is located.
The following are suggested questions, additional information, and/or conditions that may be considered:
1. Parking and equipment – where will vehicles and equipment (e.g. trailers) be parked? Section 69.1(2)(d) states
“Any business-related materials or equipment, including trailers, must be kept inside the home or fully enclosed
behind a fence. On lots larger than one acre, materials or equipment may be located in rear or side yards, at least
fifty feet (50') from property line, without being enclosed.”
Planning Department Recommendation: Approve
GRIFFITH AVE
LIVINGSTON AVE±Legend
Streets
GB_7
Autauga Tax Parcels
0 10050
Feet
Locations are approximate
Aerial Map - 102 Griffith Ave
WOODVALE RDN MEMORIAL DRCE
DA
R
DR
EDGEWOOD AVE
GRIFFITH AVE
SKIDMORE AVE
SHADOW LNLIVINGSTON AVEWALKER STHICKORY LNBROOKWOOD DR
AZALEA DR LIVINGSTON CIRGREENSPRINGS DR
CHERRY DR
±Legend
Streets
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Autauga Tax Parcels
0 1,000500
Feet
Locations are approximate
Location Map - 102 Griffith Ave
WOODVALE RDN MEMORIAL DRCE
DA
R
DR
EDGEWOOD AVE
GRIFFITH AVE
SKIDMORE AVE
SHADOW LNLIVINGSTON AVEWALKER STHICKORY LNBROOKWOOD DR
AZALEA DR LIVINGSTON CIRGREENSPRINGS DR
CHERRY DR
R-2
R-2
R-2
R-3
R-3
R-2±Legend
Streets
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Autauga Tax Parcels
0 1,000500
Feet
Locations are approximate
Zoning Map - 102 Griffith Ave