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2103-March 9 BZA 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. Approved 4/13/21 Prattville Board of Zoning Adjustment March 9, 2021 Minutes Page 1 of 5 City of Prattville Board of Zoning Adjustment Minutes March 9, 2021 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Jerry Crosby at 4:00 p.m. on Tuesday, March 9, 2021. ROLL CALL: Present: Chairman Jerry Crosby, Vice Chairman Charles Knapp, Mr. Billy Barrett, Mr. Greg Duke and Ms. Sarah Johnson. Quorum Present Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner and Mr. Tommie Williams, Planner. Chairman Crosby 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 Home Occupation – Home Lawn Care Business 301 Azalea Drive R-2 Zoning District (Single Family Residential) George K. Pullom, Petitioner Mr. Rigsby provided the staff report for a use-on-appeal to allow home occupation for lawn care business on property currently zoned as R-2, Single Family Residential, located at 301 Azalea Drive. George K. Pullom, petitioner, presented the request for a use-on-appeal to allow for a lawn care business on property at 301 Azalea Drive. He stated that the equipment would be stored in the rear of the property behind the fence. Chairman Crosby opened the floor for public comments. Mr. Kenneth Reagan, a resident and owner of various rental properties in the neighborhood, commented concerning an existing trailer and equipment in the applicant’s front yard. There being no further public comment, the public hearing was closed. Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. Knapp moved to establish the findings of fact stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed home occupation is not a prohibited use in a R-2 district; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. 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. Approved 4/13/21 Prattville Board of Zoning Adjustment March 9, 2021 Minutes Page 2 of 5 The BZA voted to approve the use-on-appeal to operate a home lawn care business on property located at 301 Azalea Drive. USE-ON-APPEAL Home Occupation – Home Lawn Care Business 1853 Seasons Drive R-2 Zoning District (Single Family Residential) William J. Moseley, Petitioner Mr. Rigsby provided the staff report for a use-on-appeal to allow home occupation for lawn care business on property currently zoned as R-2, Single Family Residential, located at 1853 Seasons Drive. William J. Moseley, petitioner, presented the request for a use-on-appeal to allow for a lawn care business on property at 1853 Seasons Drive. He stated that the equipment would be stored in the rear of the property behind the fence. Chairman Crosby opened the floor for public comments. There being none, the public hearing was closed. Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. Duke moved to establish the findings of fact stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed home occupation is not a prohibited use in a R-2 district; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Knapp seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Knapp 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 to operate a home lawn care business on property located at 1853 Seasons Drive. USE-ON-APPEAL Family Cemetery Off Jensen Road R-2 Zoning District (Single Family Residential) Spencer Williams Jr., Petitioner Mr. Rigsby provided the staff report for a use-on-appeal to allow a family cemetery on property currently zoned as R-2, Single Family Residential, located at off Jensen Road, adjoining an existing cemetery. Mr. Rigsby presented information about the BZA involvement in cemeteries and the process for establishing a cemetery as defined by the Alabama Department of Public Health and Autauga County Health Department. Family Cemeteries are exempt from most of the Public Health requirements as it relates to reviewing and authorizing proposed cemeteries. Jurisdiction falls within the local governments. Spencer Williams, Jr., petitioner, presented the request for a use-on-appeal to allow for a family cemetery on property off Jensen Road. Mr. Williams stated that the cemetery would be a Williams family cemetery and he did not have any immediate plans for individuals that would be placed in the cemetery or specific plot layouts. Approved 4/13/21 Prattville Board of Zoning Adjustment March 9, 2021 Minutes Page 3 of 5 Chairman Crosby opened the floor for public comments. Mr. Roman Jiles asked clarifying questions concerning the location of the cemetery. There being no further public comment, the public hearing was closed. Chairman Crosby opened discussion for the Board. Discussion was had concerning Mr. Williams’ plans for the cemetery. Discussion was also had concerning the long term maintenance and upkeep of the cemetery. Commissioners proposed adding conditions that the higher standard for cemetery review by the County Department of Public Health be added to this proposed family cemetery. After their discussion, the vote was called. Mr. Knapp moved to establish the findings of fact stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed family cemetery is not a prohibited use in a R-2 district; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. 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, with additional conditions, based on the approved findings of fact. Mr. Knapp seconded the motion. The motion to approve passed with four (4) affirmative votes. The votes are as recorded. Favor: Chairman Crosby, Mr. Knapp, Mr. Barrett, and Ms. Johnson. Oppose: Mr. Duke The BZA voted to approve the use-on-appeal to establish a family cemetery on property located off Jensen Road. VARIANCE Aluminum Carport – Side Yard Setback Encroachment 928 Silver Creek Circle R-2 Zoning District (Single Family Residential) Marylyn O. Griswold, Petitioner Mr. Williams provided the staff report for a variance to allow a covered patio to encroach into the side yard setback. The property currently zoned as R-2, Single Family Residential, located at 928 Silver Creek Circle requires a 10 foot side setback for the covered patio. Johnny Brownell, petitioner’s son-in-law, presented the variance request to allow a covered patio to encroach into the side yard setback on property located at 928 Silver Creek Circle. He stated his mother in law would like to construct a carport structure on an existing concrete pad to keep her out of the elements during inclement weather. He also stated the existing parking location has grade challenges for his mother-in-law and the proposed covered area would be easier for her to traverse between the home and the vehicle safely. Chairman Crosby opened the floor for public comments. There being none, the public hearing was closed. 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) that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are applicable to other lands structures, or buildings in the same zoning district; 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. Knapp seconded the motion. The motion to approve the findings of fact passed unanimously. Approved 4/13/21 Prattville Board of Zoning Adjustment March 9, 2021 Minutes Page 4 of 5 After no further discussion, the vote was called. Mr. Duke moved to approve the request as submitted based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance to allow a covered patio encroachment on property located at 928 Silver Creek Circle. Home Occupation – Home Lawn Care Business 216 Gardenia Court R-3 Zoning District (Single Family Residential) Tracy Lewis, Petitioner Mr. Williams provided the staff report for a use-on-appeal to allow home occupation for lawn care business on property currently zoned as R-3, Single Family Residential, located at 216 Gardenia Court. Tracy Lewis, petitioner, presented the request for a use-on-appeal to allow for a lawn care business on property at 216 Gardenia Court. He stated that the equipment would be stored in the rear of the property behind the fence. Chairman Crosby opened the floor for public comments. Mr. Kenneth Reagan, a resident and owner of various rental properties in the neighborhood, commented concerning multiple vehicles and excess equipment in the applicant’s front yard. There being no further public comment, the public hearing was closed. 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) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed home occupation is not a prohibited use in a R-3 district; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Knapp seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Knapp moved to approve the request as submitted based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal to operate a home lawn care business on property located at 216 Gardenia Court. USE-ON-APPEAL Home Occupation – Home Lawn Care Business 627 Durden Road R-3 Zoning District (Single Family Residential) Justin Jowers, Petitioner Mr. Williams provided the staff report for a use-on-appeal to allow home occupation for lawn care business on property currently zoned as R-3, Single Family Residential, located at 627 Durden Road. Justin Jowers, petitioner, presented the request for a use-on-appeal to allow for a lawn care business on property at 627 Durden Road. He stated that the equipment would be stored in the rear of the property behind the fence and in an existing storage shed. Chairman Crosby opened the floor for public comments. There being none, the public hearing was closed. 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? 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. AZALEA DR MIMOSA RDWISTERIA RDBOXWOOD RD0 200100 Feet Locations are approximate Aerial Map - 301 Azalea Dr 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 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 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? 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. SEASONS DR COMMERCE CT MCQUEEN SMITH RD SHEATHER DR 0 200100 Feet Locations are approximate Aerial Map - 1853 Seasons Dr 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 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 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? 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. JENSEN RDHILL ST SPRING HILL PARK MOORE DR0 200100 Feet Locations are approximate Aerial Map - Jensen Rd (Williams Property) 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) 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) 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. 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. S IL V E R C R E E K C IR 0 200100 Feet Locations are approximate Aerial Map - 928 Silver Creek Cir 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 S I LV ER CREEKCIR SWEETRIDGERDSILVER CREEK CT R-2 0 400200 Feet Locations are approximate Zoning Map - 928 Silver Creek Cir 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? 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 GARDENIACT MAGN O L I A D R WOODVALERDGARDENIACIR0 200100 Feet Locations are approximate Aerial Map - 216 Gardenia Ct 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 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 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? 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 DURDEN RDRUTH ST FRANCIS ST0 200100 Feet Locations are approximate Aerial Map - 627 Durden Rd 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 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