2103-March 9 BZA Pkt (Draft)
102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP DIRECTOR
CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A March 9, 2021 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. 210309-01 USE-ON-APPEAL: Home Occupation – Home lawn care business
301 Azalea Drive R-2 (Single Family Residential)
George K. Pullom, Petitioner
Public Hearing District 3
2. 210309-02 USE-ON-APPEAL: Home Occupation – Home lawn care business
1853 Seasons Drive R-2 (Single Family Residential)
William J. Moseley, Petitioner
Public Hearing District 5
3. 210309-03 USE-ON-APPEAL: Family Cemetery
Off Jensen Road R-2 (Single Family Residential)
Spencer Williams, Jr., Petitioner
Public Hearing District 2
4. 210309-04 VARIANCE: Aluminum Carport-Side yard setback encroachment
928 Silver Creek Circle R-2 (Single Family Residential)
Marylyn O. Griswold, Petitioner
Public Hearing District 6
5. 210309-05 USE-ON-APPEAL: Home Occupation – Home lawn care business
216 Gardenia Court R-3 (Single Family Residential)
Tracy Lewis, Petitioner
Public Hearing District 2
6. 210309-06 USE-ON-APPEAL: Home Occupation – Home lawn care business
627 Durden Road R-3 (Single Family Residential)
Justin Jowers, Petitioner
Public Hearing District 1
Minutes: December 8, 2020
Bylaws Review: Election of Officers: 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. DRAFT
Draft
Prattville Board of Zoning Adjustment December 8, 2020 Minutes Page 1 of 2
City of Prattville Board of Zoning Adjustment 1 Minutes 2 December 8, 2020 3 4
5 CALL TO ORDER: 6 The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by 7
Chairman Jerry Crosby at 4:00 p.m. on Tuesday, December 8, 2020. 8 9 ROLL CALL: 10 Present: Chairman Jerry Crosby, Vice Chairman Charles Knapp, Mr. Billy Barrett, and Mr. Greg Duke. 11 Absent: Ms. Sarah Johnson. 12 13 Also present was Supernumerary Member, Mr. Neal Parker. 14 15 Quorum Present 16 17 Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie 18
Williams, Planner; and Ms. Alisa Morgan, Secretary. 19 20 Chairman Crosby stated the governing rules for the Prattville Board of Zoning Adjustment and the 21 procedure of the meeting. 22 23 COMMITTEE REPORTS: 24 There were no reports to be made. 25 26 OLD BUSINESS: 27 There was no old business to discuss. 28 29 NEW BUSINESS: 30 VARIANCE 31 To allow for an accessory structure that will exceed the 50% of the gross floor area of 32 the primary structure. 33
818 Dunvegan Drive & Live Oak Drive 34 R-3 Zoning District (Single-Family) 35 Adam & Shannon Morrell, Petitioner 36 37 Darrell Rigsby provided the staff report for the variance for an accessory structure at 818 Dunvegan 38 Drive. He stated that the applicant is proposing to construct a 40’ x 48’ (1920ft2) accessory structure 39 in the rear yard bordering Live Oak Drive. The Zoning Ordinance requires that the cumulative area of 40 an accessory structure on a parcel shall not exceed fifty-percent (50%) of the gross floor area of the 41
primary structure. He stated that the applicant’s primary structure, located at 818 Dunvegan Drive, is a 42 single family brick structure with 2302ft2. The proposed accessory structure is equivalent to 83.4% of 43 the gross floor area of the primary structure. 44
Mr. Rigsby stated that the proposed structure will border along Live Oak Drive by 48 feet deep and 45
will be 16 feet tall at the peak of the roof. The building will be rectangular in shape, with gable style 46
roof, with gables facing Live Oak Drive and rear of property. He stated that the access to the structure 47
is proposed to be a concrete driveway from Live Oak Drive, with two garage doors on the front of the 48
structure, facing Live Oak Drive. Materials proposed for the structure include faux stone bottom 49
approximately 3 feet high, vertical wood siding above stone, wood shake style gables, and metal roof. 50
He stated that the applicant purchased the Live Oak parcel and received approval by the Planning 51
Commission on November 17, 2020 to join the two lots (Dunvegan & Live Oak Drive). Additionally, 52
the applicant cleared and graded a substantial amount of the lot without notifying the City of Prattville 53
or applying for any City permits. Materials were on site in preparation to construct the accessory 54 DRAFT
Draft
Prattville Board of Zoning Adjustment December 8, 2020 Minutes Page 2 of 2
structure without appropriate permits. When discovered, a Stop Work Order was issued to property 55
owner on October 14, 2020. He stated that all work stopped immediately and contact with City staff 56
was made to follow appropriate protocol for construction and permitting of proposed accessory 57
structure. 58
Adam Morrell, petitioner, presented his request for an accessory structure for property at 818 59 Dunvegan Drive. He stated that the proposed accessory structure will be used to store a boat, camper, 60 and a truck that is currently in the driveway. He stated that the proposed materials and build is 61
according to the covenant requirements. He stated that he talked with adjacent neighbors and they 62 have no issues with the proposed structure. He stated that his vehicles can’t access the rear yard 63 because of the close proximity of neighbors. 64
Mr. Parker asked why he didn’t obtain permit before construction. Mr. Morrell stated that he was not 65 aware of permitting requirements. He stated that he has not touched the project since the Stop Work 66 Order was issued. He also stated that there will be no power or water to the building; it will be strictly 67 used for the storage of the vehicles. 68
Mr. Morrell also addressed how the water would be contained stating that drainage will flow downhill 69 to the creek away from the neighbors. He stated that there will be gutters placed around the structure. 70
Chairman Crosby opened the floor for public comments. There being none, the public hearing was 71 closed. 72
Vice-Chairman Crosby opened discussion for the Board. In their discussion, the Board found that the 73 size of the building is an issue as it relates to the ordinance but the lot size would not compromise the 74 neighbors and the building is aesthetically appealing and the drainage is well thought out. 75
76 During their discussion, Mac Post, owner of property north of location, addressed the board. After 77 their discussion, the vote was called. Mr. Knapp moved to establish the findings of fact stating that 1) 78
granting of a variance is in harmony with the intent and purposes of the zoning ordinance; and 2) that a 79 variance will not adversely affect the surrounding property, the general neighborhood, or the 80 community as a whole. Mr. Barrett seconded the motion. The motion to approve the findings of fact 81
passed unanimously. 82 83 After no further discussion, the vote was called. Mr. Duke moved to approve the request as submitted 84 based on the approved findings of fact. Mr. Knapp seconded the motion. The motion to approve 85 passed unanimously. 86 87 The BZA voted to approve the variance request to allow an accessory structure that will exceed the 88 50% gross floor area of the primary structure on property located at 818 Dunvegan Drive. 89 90
MINUTES: 91 Mr. Knapp moved to approve the minutes of the November 10, 2020, regular meeting. Mr. Barrett 92 seconded the motion. The motion to approve passed unanimously. 93 94 MISCELLANEOUS: 95 96 ADJOURN: 97 After no further comments, questions, or discussion the meeting was adjourned at 4:34 p.m. 98
99 Respectfully submitted, 100 101
102 103 Alisa Morgan, Secretary 104 Board of Zoning Adjustment 105 DRAFT
Page 1 of 2
Board of Zoning Adjustment
Staff Report
Use On Appeal 210309-01
MEETING DATE: March 09, 2021
PETITIONER: George Pullom
PROPERTY OWNER: Samuel Tyus
SUBJECT SITE: 301 Azalea Drive
REQUEST: To operate a home lawn care business
CURRENT ZONING: R-2 Residential
LOCATION: Camellia Estates
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 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-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?
DRAFT
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 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.” The subject property is approximately 0.37 acres.
2. Subject property is enclosed with a 4’ chain-link fence and includes a small storage building.
DRAFT
AZALEA DR
MIMOSA RDWISTERIA RDBOXWOOD RD0 200100
Feet
Locations are approximate
Aerial Map - 301 Azalea Dr
DRAFT
CAME
L
L
I
A
D
R
AZALEA DR WOODVALE RDN MEMORIAL DRMIMOSA
RDBOXWOOD RDWISTERIA RDCHERRY DR
PRIMR
O
S
E
D
RJAPONICA
RDDANIEL DRMAGN
O
L
I
A
D
R
ESTHERCT
GREE N S P RINGS DR
SKIDMORE AVE
0 600300
Feet
Locations are approximate
Location Map - 301 Azalea Dr
DRAFT
AZALEA DR
MIMOSA RDWISTERIA RDBOXWOOD RDCHERRY DR
WOODVALE RDJAPON
ICA
RD
CAME
L
L
I
A
D
R
R-2
R-2
R-2
R-3
0 400200
Feet
Locations are approximate
Zoning Map - 301 Azalea Dr
DRAFT
DRAFT
DRAFT
DRAFT
Page 1 of 2
Board of Zoning Adjustment
Staff Report
Use On Appeal 210309-02
MEETING DATE: March 09, 2021
PETITIONER: William J. Moseley
PROPERTY OWNER: William J. Moseley
SUBJECT SITE: 1853 Seasons Drive
REQUEST: To operate a home lawn care business
CURRENT ZONING: R-2 Residential
LOCATION: 1853 Seasons Drive
SURROUNDING LAND North: General Business (B-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 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-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?
DRAFT
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.
Subject property has a 6’ privacy fence surrounding rear yard and an existing storage building on property.
Applicant proposes to keep all equipment in rear yard behind fence and/or in storage building.
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.” The subject property is approximately 0.27 acres.
DRAFT
SEASONS DR
COMMERCE CT
MCQUEEN SMITH RD SHEATHER DR
0 200100
Feet
Locations are approximate
Aerial Map - 1853 Seasons Dr
DRAFT
E MAIN ST
SE A S ONSDR
SUMMERLN
SANFORD DR MCQUEEN SMITH RD SDEEDRCOBBS FORD RD
HEATHERDR
COMMERCE CT
DOSSCTJAMESON CTROCHE STER WY
0 600300
Feet
Locations are approximate
Location Map - 1853 Seasons Dr
DRAFT
SEASONS DR
SANFORD DR MCQUEEN SMITH RD SSUMMERLN
COMMERCE CT
HEATHER DR
DOSS CTR-2
B-2
B-2
R-5B-1
R-3
R-4
0 400200
Feet
Locations are approximate
Zoning Map - 1853 Seasons Dr
DRAFT
DRAFT
DRAFT
Page 1 of 2
Board of Zoning Adjustment
Staff Report
Use On Appeal 210309-03
MEETING DATE: March 09, 2021
PETITIONER: Spencer Williams, Jr.
PROPERTY OWNER: Spencer Williams, Jr.
SUBJECT SITE: Off Jensen Road (Autauga Parcel: 1904204003010001)
REQUEST: To create a Family Cemetery
CURRENT ZONING: R-3 Residential
LOCATION: Autauga Parcel: 1904204003010001
SURROUNDING LAND North: Vacant / Undeveloped Property (R-3)
USES AND ZONING: South: Spring Hill AME Zion Church Cemetery (R-3)
East: Single-Family Residential / Jensen Road (R-3)
West: Vacant / Undeveloped Property (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 develop a family cemetery
ZONING ORDINANCE REFERENCED:
Section 71 addresses Residential District Requirements. Subject property is in an R-3 zoning district and Cemeteries are
listed as “Uses Permitted on Appeal” in All “R” Districts.
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 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?
DRAFT
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.
Cemeteries are specifically listed as a Use-Permitted-on-Appeal in ‘All “R” Districts’ (§71.) 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. Subject property borders an existing cemetery to the south.
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:
Suggested Questions
1. How will cemetery property be accessed? Site appears to be landlocked.
Additional Information / Conditions
1. Proposed cemetery borders an existing cemetery to the south that includes burial sites within 50 feet of southern
property line of proposed cemetery.
2. Alabama State Code Section 22-20-4 addresses the location and extension of cemeteries. This law states, in brief,
that proposed cemeteries must be reviewed and approved or disapproved by the Mayor and City Council, based
on a report provided by the County Board of Health. If the BZA chooses to approve, approval should be
conditioned on the approval of the County Health Department and City Council.
DRAFT
JENSEN RDHILL
ST
SPRING HILL PARK
MOORE DR0 200100
Feet
Locations are approximate
Aerial Map - Jensen Rd (Williams Property)DRAFT
JENSENRDCO RD 4 E HAZEL ST
LEWIS ST
PEAGLER STHWY 82 BYP E
WASHINGTON FERRY RDPICKETT STLANCELOTCIR
HI
LLSTGALAHAD DR
MOORE DRSPRING HILL PARK
CO RD 4 W
ABECT0 600300
Feet
Locations are approximate
Location Map - Jensen Rd (Williams Property)DRAFT
JENSENRDLEWIS ST
PEAGLER STLANCELOT CIR
HI
LLSTMOORE DRSPRING HILL PARK
PICKETT ST
R-3
R-3
T-3 B-2
T-2
R-2
R-2
T-2
T-2
T-2
R-2
0 400200
Feet
Locations are approximate
Zoning Map - Jensen Rd (Williams Property)DRAFT
DRAFT
Page 1 of 2
Board of Zoning Adjustment
Staff Report
Variance 210309-04
MEETING DATE: March 9, 2021
PETITIONER: Marylyn O. Griswold
PROPERTY OWNER: Marylyn O. Griswold
SUBJECT SITE: 928 Silver Creek Circle
REQUEST: Aluminum carport
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: Silver Creek
SURROUNDING LAND North: Single-Family Residential (R-2 Undeveloped)
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 VARIANCE REQUEST:
1. A variance has been requested for a carport that will encroach the side setback of 10ft.
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below:
Section 71. - Residential district requirements.
MINIMUM SETBACK: R-2
Front Yard: 35 feet;
Rear Yard: 40 feet;
Side Yard: 10 feet
ANAYLSIS/EVALUATION:
The applicants request is for a proposed aluminum carport and is depicted in the attached site plan submitted with an
initial variance application. Per the applications site plan, the carport is going to be attached to the dwelling, therefore it
has to meet the R-2 side setback of 10ft.
DRAFT
Page 2 of 2
PLANNING STAFF EVALUATION:
Reviewed by: Tommie Williams, Planner
Recommendation: The board shall determine if a legitimate hardship is found with the placement of the proposed
carport. A distinctive topographic variation, unique lot layout, or something that results from
conditions that are unique to the property can hold standing as hardship. The hardship shall not be
self-created.
DRAFT
S IL V E R C R E E K C IR
0 200100
Feet
Locations are approximate
Aerial Map - 928 Silver Creek Cir
DRAFT
E MAIN ST
TARA DR
SHEILABLVDSUMMERL
N
S W EET RIDGE RD
S
I
L
V
ERH
I
L
L
S
DR SEASONSDRRUNNINGBROOKDRAUTUMN RDSANFORDDR
ARBOR
LNOLDCREEK R D
S IL V E R CREEKCIR
DANIEL PRATTWEAVER ST
AUTU M NCTEPLANTERS RID G E R D SHEILA CT
RUNNING BROOK CIR
SEASONS CT0 1,000500
Feet
Locations are approximate
Location Map - 928 Silver Creek Cir
DRAFT
S I LV ER CREEKCIR
SWEETRIDGERDSILVER
CREEK
CT
R-2
0 400200
Feet
Locations are approximate
Zoning Map - 928 Silver Creek Cir
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT
Page 1 of 2
Staff Report
Board of Zoning Adjustment
Use On Appeal 210309-05
MEETING DATE: March 9, 2021
PETITIONER: Tracey Lewis
PROPERTY OWNER: Tracey Lewis
SUBJECT SITE: 216 Gardenia Court
REQUEST: To operate a home lawn care business
CURRENT ZONING: R-3 (Single-Family Residential)
LOCATION: 216 Gardenia Court
SURROUNDING LAND North: Single-Family Residential (R-2)
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?
DRAFT
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
DRAFT
GARDENIACT
MAGN
O
L
I
A
D
R
WOODVALERDGARDENIACIR0 200100
Feet
Locations are approximate
Aerial Map - 216 Gardenia Ct
DRAFT
MAGNOLIADR
PRIMROSEDR
WOODVALERDCAMELLIADR
N MEMORIAL DRGARDENIACT
JUNIP ERCT
E 6TH STG A RDENIACIRRUSSELL LNBOXWOOD RDC A M E L L IAWOODSCTWOODLEY AVE
MAGNOLIA CT0 600300
Feet
Locations are approximate
Location Map - 216 Gardenia Ct
DRAFT
MAGN
O
L
I
A
D
R
GARDENIACT WOODVALERDPRIMR
O
S
E
D
R
JUNIPERCT
G ARDENIACIRC A M E LLIAWOODSCTCAME
L
L
I
A
D
R
MAGNOLIA CTR-3
R-2
R-2
R-2
0 400200
Feet
Locations are approximate
Zoning Map - 216 Gardenia Ct
DRAFT
DRAFT
DRAFT
DRAFT
Page 1 of 2
Staff Report
Board of Zoning Adjustment
Use On Appeal 210309-06
MEETING DATE: March 9, 2021
PETITIONER: Justin Jowers
PROPERTY OWNER: Justin Jowers
SUBJECT SITE: 627 Durden Road
REQUEST: To operate a home lawn care business
CURRENT ZONING: R-3 (Single-Family Residential)
LOCATION: 627 Durden 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?
DRAFT
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
DRAFT
DURDEN RDRUTH ST FRANCIS ST0 200100
Feet
Locations are approximate
Aerial Map - 627 Durden Rd
DRAFT
DURDENRDUPPERKINGSTONRDMARLYN DRJORDANCRS
RUTH ST
GADDIS PIT RD
FRANCIS STMELMARD RHILLCREST DRELIZABETH ST
GREG ST
WOOTEN ST
DURDEN CT
WAVERLYLN
CARL E TONST0 1,000500
Feet
Locations are approximate
Location Map - 627 Durden Rd
DRAFT
DURDENRDRUTH STFRANCIS STMARLYN DRHILLCREST DRMELMARD R
WOOTEN ST
JORDAN C R S
WA
V
E
R
L
Y
L
N
PIN E N EEDLEDRR-2
R-3
R-3
R-3
T-2R-3 T-3
T-2
0 600300
Feet
Locations are approximate
Zoning Map - 627 Durden Rd
DRAFT
DRAFT
DRAFT
DRAFT
DRAFT