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2104-April 13 BZA Pkt DRAFT1 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 April 13, 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. 210413-01 VARIANCE: Carport-Side yard setback encroachment. 220 Cynthia Street R-2 (Single Family Residential) David G. Meadows, Petitioner Public Hearing District 5 2. 210413-03 VARIANCE: Accessory Structure-Locate as the primary structure on the lot. 112 Andiron Court (Vacant Lot) R-2 (Single Family Residential) Jonathan & Natalie Warren, Petitioners Public Hearing District 7 3.210413-04 USE-ON-APPEAL: Home Occupation-Firearms Sales. 748 Silver Hills Drive R-2 (Single Family Residential) Jordan McKenzie, Petitioner Public Hearing District 6 Minutes: March 9, 2021 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 Prattville Board of Zoning Adjustment March 9, 2021 Minutes Page 1 of 5 City of Prattville Board of Zoning Adjustment 1 Minutes 2 March 9, 2021 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, March 9, 2021. 8 9 ROLL CALL: 10 Present: Chairman Jerry Crosby, Vice Chairman Charles Knapp, Mr. Billy Barrett, Mr. Greg Duke and 11 Ms. Sarah Johnson. 12 13 Quorum Present 14 15 Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner and Mr. Tommie 16 Williams, Planner. 17 18 Chairman Crosby stated the governing rules for the Prattville Board of Zoning Adjustment and the 19 procedure of the meeting. 20 21 COMMITTEE REPORTS: 22 There were no reports to be made. 23 24 OLD BUSINESS: 25 There was no old business to discuss. 26 27 NEW BUSINESS: 28 USE-ON-APPEAL 29 Home Occupation – Home Lawn Care Business 30 301 Azalea Drive 31 R-2 Zoning District (Single Family Residential)32 George K. Pullom, Petitioner 33 34 Mr. Rigsby provided the staff report for a use-on-appeal to allow home occupation for lawn care 35 business on property currently zoned as R-2, Single Family Residential, located at 301 Azalea Drive. 36 37 George K. Pullom, petitioner, presented the request for a use-on-appeal to allow for a lawn care 38 business on property at 301 Azalea Drive. He stated that the equipment would be stored in the rear of 39 the property behind the fence. 40 41 Chairman Crosby opened the floor for public comments. Mr. Kenneth Reagan, a resident and owner of 42 various rental properties in the neighborhood, commented concerning an existing trailer and equipment 43 in the applicant’s front yard. There being no further public comment, the public hearing was closed. 44 45 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 46 Knapp moved to establish the findings of fact stating that 1) development of the proposed use is in the 47 public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed home 48 occupation is not a prohibited use in a R-2 district; and 3) the proposed use will not cause substantial 49 adverse impact to adjacent or nearby properties or uses. Mr. Barrett seconded the motion. The motion 50 to approve the findings of fact passed unanimously. 51 52 After no further discussion, the vote was called. Mr. Barrett moved to approve the request as 53 submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to 54 approve passed unanimously. 55 56 The BZA voted to approve the use-on-appeal to operate a home lawn care business on property located 57 at 301 Azalea Drive. 58 DRAFT Prattville Board of Zoning Adjustment March 9, 2021 Minutes Page 2 of 5 59 60 USE-ON-APPEAL 61 Home Occupation – Home Lawn Care Business 62 1853 Seasons Drive 63 R-2 Zoning District (Single Family Residential) 64 William J. Moseley, Petitioner 65 66 Mr. Rigsby provided the staff report for a use-on-appeal to allow home occupation for lawn care 67 business on property currently zoned as R-2, Single Family Residential, located at 1853 Seasons 68 Drive. 69 70 William J. Moseley, petitioner, presented the request for a use-on-appeal to allow for a lawn care 71 business on property at 1853 Seasons Drive. He stated that the equipment would be stored in the rear 72 of the property behind the fence. 73 74 Chairman Crosby opened the floor for public comments. There being none, the public hearing was 75 closed. 76 77 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 78 Duke moved to establish the findings of fact stating that 1) development of the proposed use is in the 79 public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed home 80 occupation is not a prohibited use in a R-2 district; and 3) the proposed use will not cause substantial 81 adverse impact to adjacent or nearby properties or uses. Mr. Knapp seconded the motion. The motion 82 to approve the findings of fact passed unanimously. 83 84 After no further discussion, the vote was called. Mr. Knapp moved to approve the request as 85 submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to 86 approve passed unanimously. 87 88 The BZA voted to approve the use-on-appeal to operate a home lawn care business on property located 89 at 1853 Seasons Drive. 90 91 USE-ON-APPEAL 92 Family Cemetery 93 Off Jensen Road 94 R-2 Zoning District (Single Family Residential) 95 Spencer Williams Jr., Petitioner 96 97 Mr. Rigsby provided the staff report for a use-on-appeal to allow a family cemetery on property 98 currently zoned as R-2, Single Family Residential, located at off Jensen Road, adjoining an existing 99 cemetery. Mr. Rigsby presented information about the BZA involvement in cemeteries and the process 100 for establishing a cemetery as defined by the Alabama Department of Public Health and Autauga 101 County Health Department. Family Cemeteries are exempt from most of the Public Health 102 requirements as it relates to reviewing and authorizing proposed cemeteries. Jurisdiction falls within 103 the local governments. 104 105 Spencer Williams, Jr., petitioner, presented the request for a use-on-appeal to allow for a family 106 cemetery on property off Jensen Road. Mr. Williams stated that the cemetery would be a Williams 107 family cemetery and he did not have any immediate plans for individuals that would be placed in the 108 cemetery or specific plot layouts. 109 110 Chairman Crosby opened the floor for public comments. Mr. Roman Jiles asked clarifying questions 111 concerning the location of the cemetery. There being no further public comment, the public hearing 112 was closed. 113 114 Chairman Crosby opened discussion for the Board. Discussion was had concerning Mr. Williams’ 115 plans for the cemetery. Discussion was also had concerning the long term maintenance and upkeep of 116 DRAFT Prattville Board of Zoning Adjustment March 9, 2021 Minutes Page 3 of 5 the cemetery. Commissioners proposed adding conditions that the higher standard for cemetery review 117 by the County Department of Public Health be added to this proposed family cemetery. After their 118 discussion, the vote was called. Mr. Knapp moved to establish the findings of fact stating that 1) 119 development of the proposed use is in the public interest and meets the spirit of the City of Prattville 120 Zoning Ordinance; 2) the proposed family cemetery is not a prohibited use in a R-2 district; and 3) the 121 proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. 122 Barrett seconded the motion. The motion to approve the findings of fact passed unanimously. 123 124 After no further discussion, the vote was called. Mr. Barrett moved to approve the request as 125 submitted, with additional conditions, based on the approved findings of fact. Mr. Knapp seconded the 126 motion. The motion to approve passed with four (4) affirmative votes. The votes are as recorded. 127 Favor: Chairman Crosby, Mr. Knapp, Mr. Barrett, and Ms. Johnson. Oppose: Mr. Duke 128 129 The BZA voted to approve the use-on-appeal to establish a family cemetery on property located off 130 Jensen Road. 131 132 VARIANCE 133 Aluminum Carport – Side Yard Setback Encroachment 134 928 Silver Creek Circle 135 R-2 Zoning District (Single Family Residential) 136 Marylyn O. Griswold, Petitioner 137 138 Mr. Williams provided the staff report for a variance to allow a covered patio to encroach into the side 139 yard setback. The property currently zoned as R-2, Single Family Residential, located at 928 Silver 140 Creek Circle requires a 10 foot side setback for the covered patio. 141 142 Johnny Brownell, petitioner’s son-in-law, presented the variance request to allow a covered patio to 143 encroach into the side yard setback on property located at 928 Silver Creek Circle. He stated his 144 mother in law would like to construct a carport structure on an existing concrete pad to keep her out of 145 the elements during inclement weather. He also stated the existing parking location has grade 146 challenges for his mother-in-law and the proposed covered area would be easier for her to traverse 147 between the home and the vehicle safely. 148 149 Chairman Crosby opened the floor for public comments. There being none, the public hearing was 150 closed. 151 152 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 153 Barrett moved to establish the findings of fact stating that 1) that special conditions and circumstances 154 exist which are peculiar to the land, structure, or building involved and which are applicable to other 155 lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the zoning 156 ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same 157 district under the terms of the zoning ordinance; 3) that the special conditions and circumstances do 158 not result from actions of the applicant (self-imposed hardship); 4) that granting of a variance will not 159 confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or 160 buildings in the same district; 5) that granting of a variance is in harmony with the intent and purposes 161 of the zoning ordinance; and 6) that a variance will not adversely affect the surrounding property, the 162 general neighborhood, or the community as a whole. Mr. Knapp seconded the motion. The motion to 163 approve the findings of fact passed unanimously. 164 165 After no further discussion, the vote was called. Mr. Duke moved to approve the request as submitted 166 based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve 167 passed unanimously. 168 169 The BZA voted to approve the variance to allow a covered patio encroachment on property located at 170 928 Silver Creek Circle. 171 172 173 174 DRAFT Prattville Board of Zoning Adjustment March 9, 2021 Minutes Page 4 of 5 Home Occupation – Home Lawn Care Business 175 216 Gardenia Court 176 R-3 Zoning District (Single Family Residential) 177 Tracy Lewis, Petitioner 178 179 Mr. Williams provided the staff report for a use-on-appeal to allow home occupation for lawn care 180 business on property currently zoned as R-3, Single Family Residential, located at 216 Gardenia Court. 181 182 Tracy Lewis, petitioner, presented the request for a use-on-appeal to allow for a lawn care business on 183 property at 216 Gardenia Court. He stated that the equipment would be stored in the rear of the 184 property behind the fence. 185 186 Chairman Crosby opened the floor for public comments. Mr. Kenneth Reagan, a resident and owner of 187 various rental properties in the neighborhood, commented concerning multiple vehicles and excess 188 equipment in the applicant’s front yard. There being no further public comment, the public hearing 189 was closed. 190 191 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 192 Barrett moved to establish the findings of fact stating that 1) development of the proposed use is in the 193 public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed home 194 occupation is not a prohibited use in a R-3 district; and 3) the proposed use will not cause substantial 195 adverse impact to adjacent or nearby properties or uses. Mr. Knapp seconded the motion. The motion 196 to approve the findings of fact passed unanimously. 197 198 After no further discussion, the vote was called. Mr. Knapp moved to approve the request as 199 submitted based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to 200 approve passed unanimously. 201 202 The BZA voted to approve the use-on-appeal to operate a home lawn care business on property located 203 at 216 Gardenia Court. 204 205 USE-ON-APPEAL 206 Home Occupation – Home Lawn Care Business 207 627 Durden Road 208 R-3 Zoning District (Single Family Residential) 209 Justin Jowers, Petitioner 210 211 Mr. Williams provided the staff report for a use-on-appeal to allow home occupation for lawn care 212 business on property currently zoned as R-3, Single Family Residential, located at 627 Durden Road. 213 214 Justin Jowers, petitioner, presented the request for a use-on-appeal to allow for a lawn care business on 215 property at 627 Durden Road. He stated that the equipment would be stored in the rear of the property 216 behind the fence and in an existing storage shed. 217 218 Chairman Crosby opened the floor for public comments. There being none, the public hearing was 219 closed. 220 221 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 222 Knapp moved to establish the findings of fact stating that 1) development of the proposed use is in the 223 public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed home 224 occupation is not a prohibited use in a R-3 district; and 3) the proposed use will not cause substantial 225 adverse impact to adjacent or nearby properties or uses. Mr. Duke seconded the motion. The motion 226 to approve the findings of fact passed unanimously. 227 228 After no further discussion, the vote was called. Mr. Barrett moved to approve the request as 229 submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to 230 approve passed unanimously. 231 232 DRAFT Prattville Board of Zoning Adjustment March 9, 2021 Minutes Page 5 of 5 The BZA voted to approve the use-on-appeal to operate a home lawn care business on property located 233 at 627 Durden Road. 234 235 MINUTES: 236 Mr. Knapp moved to approve the minutes of the December 8, 2020, regular meeting. Mr. Barrett 237 seconded the motion. The motion to approve passed unanimously. 238 239 ELECTION OF OFFICERS: 240 The election of officers was held. Mr. Duke moved to nominate Mr. Knapp as Chairman. There were 241 no other nominations. The vote for Chairman was called. The motion passed unanimously. Mr. Knapp 242 moved to nominate Mr. Barrett as Vice-Chairman. There were no other nominations. The vote for 243 Vice-Chairman was called. The motion passed unanimously. 244 245 MISCELLANEOUS: 246 247 ADJOURN: 248 After no further comments, questions, or discussion the meeting was adjourned at 5:00 p.m. 249 250 Respectfully submitted, 251 252 253 254 J. Scott Stephens, Acting Secretary 255 Board of Zoning Adjustment 256 DRAFT DRAFT Page 2 of 2 PLANNING STAFF EVALUATION: Reviewed by: Darrell Rigsby, Senior 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 DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT Page 2 of 3 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. DRAFT Page 3 of 3 ANAYLSIS/EVALUATION: The applicant is requesting to put an accessory structure on a vacant lot without a primary structure. The lots are located next to each other (lots 110 & 112). The applicant tried to subdivide the lots into one but there is a city ROW located between the two lots that must stay vacant. Therefore, the applicant is seeking to add an accessory structure onto lot 112 without having a primary structure on the same lot. DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT Page 2 of 3 ZONING ORDINANCE REFERENCED: Article 6 – General Provisions Section 69.1. - Home occupations. Tier 2 Home Occupations require use-on-appeal approval from the Board of Adjustment. Examples of Tier 2 home occupations include, but are not limited to: lawn care or landscaping businesses, home maintenance, on-site music instruction, on-site tutoring, professional offices involving client visits, small engine repair, cosmetology, animal grooming, any use involving guns or weapons of any kind, any home occupation employing someone not living at the home. Tier 1 home occupations that are unable to meet one or more of the criteria listed in (1), and other activities which the City Planner determines to be substantially similar in character, nature, intensity, or impact to these. Tier 2 home occupations must comply with the following criteria: a. At least one resident of the home must be engaged in the home occupation and no more than one non-resident may be engaged or employed in the business activity; b. No advertising material shall indicate address or physical location of the business (not to include business cards or email signatures); c. No more than 25% of the total gross floor area of the home shall be used for the home occupation; d. 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; e. Any necessary parking shall be provided off-street and shall be in addition to what is otherwise required for the residential use of the property, and shall not be in the front yard; f. No signs or advertisements related to the home occupation on the property or the mailbox; g. The business owner shall be responsible for observing any private covenants or restrictions which may impact the home occupation; h. No equipment or process shall be used in the home occupation which creates noise, vibration, glare, smoke, fumes, odors, or is dangerous or otherwise detrimental to persons in the home or adjacent areas; i. For music instruction, tutoring or similar teaching, professional or consulting services involving clients coming to the home, animal grooming, cosmetology, and similar services, 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. This number may be reduced by the Board of Adjustment; j. Small engine repair shall be limited to small engines no larger than two cylinders used in lawn mowers, trimmers, and similar lawn equipment; k. Any other restrictions or conditions as may be considered appropriate by the Board of Adjustment. DRAFT Page 3 of 3 Article 3. – Board of Zoning Adjustment Section 35. – Use-On-Appeal a. The Board of Adjustment shall hear and decide requests for approval of uses permitted on appeal as defined by Article 1, Section 4 and non-conforming uses as defined by Article 1, Sections 4 and 5. b. Uses-on-Appeal shall require the submission of an application to the Board. The application shall be filed according to rules and submission requirements published by the Board. c. Notice of the scheduled hearing shall be to the applicant and other interested parties in accordance with board rules. d. 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: 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. e. The Board may impose such conditions for approval that it deems necessary in the particular case to protect the public interest and the intent of the Comprehensive Plan and this ordinance. Such conditions shall apply to the land, structure, and use for which the use-on-appeal is granted and not to a particular person. Violations of conditions lawfully attached to any use-on-appeal shall be deemed to be violations of this ordinance. f. Any approval granted by the Board for a use-on-appeal shall pertain solely to that specific use at the location specified in the application. Such approval shall not be transferable to another use at that location or the same use at another location. g. A use-on-appeal granted by the Board shall lapse and be of no effect if, after the expiration of one (1) year from the date of such action by the Board, no construction or change in use pursuant to such use-on-appeal has taken place. The Board may, for good cause shown, specify a longer period of time in conjunction with its approval to grant the use-on-appeal. ANAYLSIS/EVALUATION: The applicant is requesting a Tier 2 Home Occupation to operate a firearms business out of Mr. Braxton Bagi’s home at 748 Silver Hills Drive. In addition to being the homeowner, Mr. Bagi is an employee of the firearms business. Mr. Jordan McKenzie is in the process of seeking a Federal Firearms License (FFL) for manufacturers (Type 07 FFL) from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to accept and assemble firearms and accessories. ATF requires zoning approval from the local jurisdiction prior to issuing an FFL. Mr. McKenzie wishes to receive firearms from online sellers, resell firearms, and assemble firearms and accessories. Final approval should be conditioned upon the following: 1. Final approval by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) 2. Final approval and any additional conditions set by Prattville Police Department 3. Must receive a business license DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT