2011-November 10 BZA
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BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP
DIRECTOR
CITY OF PRATTVILLE
BOARD OF ZONING ADJUSTMENT
A G E N D A
November 10, 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. 201110-01 VARIANCE:
To vary from the required number of parking spaces.
Intersection of Cobbs Ford Road and Sugar Exchange
B-2 Zoning District (General Business)
Neal Tjon-A-Joe, Petitioner
District 5
Public Hearing
Minutes:
October 13, 2020
Miscellaneous:
Adjourn:
Alabama Code Section 11-52-81
Board of adjustment - Appeals to circuit court from final decision of board of adjustment.
Any party aggrieved by any final judgment or decision of such board of zoning adjustment may within 15 days thereafter appeal therefrom to the circuit court by filing with such board a written notice of appeal
specifying the judgment or decision from which the appeal is taken. In case of such appeal such board shall cause a transcript of the proceedings in the action to be certified to the court to which the appeal is
taken, and the action in such court shall be tried de novo.
Page 1 of 5
Board of Zoning Adjustment
Staff Report
Variance 201110-01
MEETING DATE: November 10, 2020
PETITIONER: Neal Tjon-A-Joe
PROPERTY OWNER: DHS Holding 1 Inc., Dorothy H. Sanford
SUBJECT SITE: SW Corner of Cobbs Ford Road and Sugar Exchange
REQUEST: Variance – To reduce the number of parking stalls required by Ordinance
CURRENT ZONING: B-2 General Business
LOCATION: SW Intersection of Cobbs Ford Road and Sugar Exchange
SURROUNDING LAND North: General Business (B-2)
USES AND ZONING: South: Shopping Center (B-2)
East: Restaurant (B-2)
West: Place of Assembly (R-4)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Variance Request to:
a. Reduce the number of parking stalls from 93 required by Ordinance to 50 parking stalls (Art. 11;
Section 1 – Business Parking Requirements)
ZONING ORDINANCE REFERENCED:
Article 11 – Parking Requirements
Section 1. Parking Required
Article 11, City of Prattville Parking Requirements
Restaurants, Bars or
similar places for the
consumption of food
and/or drink on the
premises
One space per fifty (50) square feet of floor area or one space per forty (40)
square feet of gross floor area for fast food restaurants or one space per
twenty-five (25) square feet of gross floor area for drive-in restaurants.
Page 2 of 5
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.
STATEMENT OF HARDSHIP FROM APPLICANT:
“A strict application of the zoning ordinance would require a parking ratio of 1 space / 40 square feet. At 3,745 square
feet, this would result in 93 required parking spaces. This requirement far exceeds the parking demand typically seen by
this nationwide tenant, which already exceeds minimum parking counts typically required by other municipalities / AHJ’s.
The tenant can operate with approximately 35 spaces, and this development is proposing 50 in an attempt to closer meet
the ordinance.”
Page 3 of 5
ANAYLSIS/EVALUATION:
A freestanding restaurant is being proposed on an undeveloped 1.9 acre lot at the southwest corner of Cobbs Ford Road
and Sugar Exchange. The proposed restaurant will be located in a B-2 Zoning District that does permit this use by right.
Within the applicant’s submittal, the proposed restaurant building will have a gross floor area of 3,745 sq. ft., thus
requiring 93 parking stalls as referenced in Article 11, Parking Requirements. The applicant is seeking relief from this
parking requirement by a reduction of 43 parking stalls with an overall proposal of 50 stalls.
This request violates Article 11: Section 1 of the City of Prattville Zoning Ordinance and would need a variance in
order for a permit to be issued.
Planning Staff Recommendation: Approval
Page 4 of 5
SW Corner of Cobbs Ford Road and Sugar Exchange - Existing
Page 5 of 5
Cobbs Ford and Sugar Exchange Site Plan – Proposed Structure and Parking
COBBS FORD RD
THE EXCHANGETHE EXCHANGE NSUGAR EXCHANGE
±0 200100
Feet
Locations are approximate
Aerial Map - Cobbs Ford Rd & Sugar Exchange
COBBS FORD RD
HWY 82 BYP ELEGENDS DRTHE EXCHANGE NHOME PARK TRLOLD FARM LN SCOTTON EXCGSUGAR EXCHANGECOBBS FORD LNLEGENDS PKWYCOFFEE EXCGVISTA POINT BLVD
ZELDA PL
VICTORIA PLTHE EXCHANGE±0 500250
Feet
Locations are approximate
Location Map - Cobbs Ford Rd & Sugar Exchange
COBBS FORD RDTHE EXCHANGE NTHE EXCHANGESUGAR EXCHANGEB-2
B-2
R-4
B-2
B-2 F.A.R.
P.U.D.
B-2
F.A.R.
B-2
B-2
±0 200100
Feet
Locations are approximate
Zoning Map - Cobbs Ford Rd & Sugar Exchange