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2105-May 11 BZA Pkt (Draft)1 0 2 W e s t M a i n S t r e e t \ P r a t t v i l l e , A L 3 6 0 6 7 \ 334. 5 9 5 . 0 5 0 0 \ p r a t t v i l l e a l . g o v BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICP DIRECTOR CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A May 11, 2021 4:00pm Call to Order: Roll Call: Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson. Committee Reports: Old Business: None New Business: 1. 210511-01 USE-ON-APPEAL: Home Occupation-Lawn Service and Painting Business. 1950 Tara Drive R-3 (Single Family Residential) Steve Hunt, Petitioner Public Hearing District 5 2. 210511-02 USE-ON-APPEAL: Allow Single Family Residential use in a B-2 Zoning District. 331 S. Chestnut Street B-2 (General Business) Jonathan Brown, Petitioner Public Hearing District 1 Minutes: April 13, 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 Draft Prattville Board of Zoning Adjustment April 13, 2021 Minutes Page 1 of 4 City of Prattville Board of Zoning Adjustment 1 Minutes 2 April 13, 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 Charles Knapp, Vice Chairman Billy Barrett, Mr. Jerry Crosby, 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, Mr. Tommie 16 Williams, Planner, and Ms. Alisa Morgan, Secretary. 17 18 Chairman Knapp 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 VARIANCE 29 Carport-Side yard setback encroachment. 30 220 Cynthia Street 31 R-2 (Single Family Residential) 32 David G. Meadows, Petitioner 33 34 Mr. Rigsby provided the staff report for a variance to allow a two feet side yard encroachment for a 35 carport located at 220 Cynthia Street. 36 37 David Meadows, petitioner, presented the request for an encroachment into the side yard for a carport 38 on property at 220 Cynthia Street. He stated that the carport will not extend beyond the existing slab. 39 40 Chairman Knapp opened the floor for public comments. There were none. The public hearing was 41 closed. Mr. Knapp acknowledge an email in support of the request received from Phil Leistner, 221 42 Cynthia Street. 43 44 Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. 45 Crosby moved to establish the findings of fact stating that 1) granting of a variance is in harmony with 46 the intent and purposes of the zoning ordinance and 2) that a variance will not adversely affect the 47 surrounding property, the general neighborhood, or the community as a whole. Mr. Duke seconded 48 the motion. The motion to approve the findings of fact passed unanimously. 49 50 After no further discussion, the vote was called. Mr. Barrett moved to approve the request as 51 submitted based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to 52 approve passed unanimously. 53 54 55 DRAFT Draft Prattville Board of Zoning Adjustment April 13, 2021 Minutes Page 2 of 4 The BZA voted to approve the variance to a carport to encroach (2 feet) into the side yard setback on 56 property located at 220 Cynthia Street. 57 58 VARIANCE 59 Accessory Structure-Locate as the primary structure on the lot. 60 112 Andiron Court (Vacant Lot) 61 R-2 (Single Family Residential) 62 Jonathan & Natalie Warren, Petitioners 63 64 Mr. Williams provided the staff report for a variance to allow an accessory structure as the main 65 structure on a vacant lot located at 112 Andiron Court. He stated that the applicant tried to subdivide 66 the lots into one but there is a city ROW located between the two lots that cannot be vacated. He 67 stated that support and approval from the Hearthstone Architectural Review Committee of that 68 subdivision was received via email from Robert Mahoney, 111 Andiron Court. 69 70 The petitioners Jonathan & Natalie Warren were not present for the hearing. Chairman Knapp opened 71 the floor for public comments. There were none. The public hearing was closed. 72 73 Chairman Knapp moved this item until next month’s meeting. However, the petitioner, Jonathan 74 Warren, arrived before the end of business and Chairman Knapp proceeded to hear the case at the end. 75 76 Mr. Warren presented the variance request to allow an accessory structure as the primary structure on 77 the vacant lot located at 112 Andiron Court. He stated that the structure will be a detached two car 78 garage with an above bonus area. The design will be similar to the existing house. He stated that the 79 proposed lot is limited in how it can be used for a standard residence. He stated that the sewer ROW 80 prevents them from combining the two lots together. He stated that they have received verbal approval 81 from City Engineer to access the lot by a paved crossing over the existing easement with the 82 understanding that the city would not be responsible to the homeowner for any repairs to access that 83 easement. 84 85 Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. 86 Crosby moved to establish the findings of fact stating that 1) the special conditions and circumstances 87 do not result from actions of the applicant (self-imposed hardship); 2) that granting of a variance will 88 not confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, 89 or buildings in the same district; 3) that granting of a variance is in harmony with the intent and 90 purposes of the zoning ordinance; and 4) that a variance will not adversely affect the surrounding 91 property, the general neighborhood, or the community as a whole. Mr. Barrett seconded the motion. 92 The motion to approve the findings of fact passed unanimously. 93 94 After no further discussion, the vote was called. Mr. Crosby moved to approve the request as 95 submitted based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to 96 approve passed unanimously. 97 98 The BZA voted to approve the variance to locate an accessory structure as the primary structure on the 99 lot on property located at 112 Andiron Court. 100 101 USE-ON-APPEAL 102 Home Occupation-Firearms Sales. 103 748 Silver Hills Drive 104 R-2 (Single Family Residential) 105 Jordan McKenzie, Petitioner 106 107 Mr. Rigsby provided the staff report for a use-on-appeal to allow home occupation for the sale of 108 firearms on property located at 748 Silver Hills Drive. He stated that the petitioner is seeking Federal 109 Firearms License to accept and assemble firearms and accessories. He stated that staff recommends 110 DRAFT Draft Prattville Board of Zoning Adjustment April 13, 2021 Minutes Page 3 of 4 approval with the following conditions: final approval by the Bureau of Alcohol, Tobacco, Firearms 111 and Explosives (ATF), final approval and any additional conditions set by Prattville Police 112 Department, and petitioner must receive a business license. 113 114 Jordan McKenzie, petitioner, along with business partner and property owner Braxton Bagi presented 115 the request for a use-on-appeal to allow for a home occupation business to sale firearms on property at 116 748 Silver Hills Drive. Mr. McKenzie stated that the business would primarily be online orders and 117 the client will pick up orders from the home location. He stated that zoning certification is part of their 118 federal process to obtain a license. 119 120 Mr. Bagi stated that zoning certification is the beginning process. He stated that they plan to start with 121 six to eight appointments a day. They have plans to expand the business outside of residential if this is 122 successful. 123 124 Mr. Barrett asked how much ammunition and how many guns would be stored on the property. Mr. 125 McKenzie stated that there would not be much ammunition in this start up, but there would be 126 approximately eight to 10 orders waiting pick up. 127 128 Mr. Stephens asked that Daniel Oakley, City Finance Director, speak on current number of this type 129 business currently in the city and the process required for obtaining business license. Mr. Oakley 130 stated that he is not sure how many exactly, but he is aware of a couple similar type that that are 131 licensed in a residential area that were licensed prior to the current requirements for BZA approval. 132 133 Mr. Stephens stated that he requested feedback from the both the Fire Department and Police 134 Department. He stated that the Fire Marshall didn’t see any issues from a fire standpoint; however, the 135 Police Department is concerned about potential customers coming to browse as a retail display. 136 137 Chairman Knapp opened the floor for public comments. He stated that six notices were received 138 regarding the petition. James Morgan, 744 Silver Hills Drive, commented concerning safety for the 139 children in the neighborhood and the school nearby. 140 141 Jon Lee Finnegan, 211 Deer Trace, stated that there is a similar business in her neighborhood that she 142 was not aware. She was concerned about the number of guns that could be allowed on the property 143 and the safety and security of the neighborhood. 144 145 Chairman Knapp asked Ms. Finnegan if she was aware of any adverse effect that this business has 146 caused in her neighborhood. She stated that she was not aware of any and just happen to find the 147 business on the website as she was searching for something else unrelated. 148 149 Susan Clayton, 1763 Windermere Avenue, stated that this is her daughter’s house and she doesn’t 150 want the traffic in her home. She suggested that they be a limited to a certain number until they get 151 their clientele built up so they can move to a business location. 152 153 Shawn Meeks, 760 Silver Hills Drive, spoke in opposition to the request. He stated that the location is 154 not ideal for this type business. He also presented a letter of opposition from Jill Johnson, 761 Silver 155 Hills Drive. 156 157 Analisa Payne, 1754 Planters Hill Court, spoke in opposition to the request. 158 159 Christopher Tarantino, 518 Seasons Court, stated that this use would set a precedence to allow similar 160 uses in the neighborhood. He asked who would hold the petitioners accountable to restrictions/limits 161 set and would they be allowed to manufacture guns at the location? 162 163 Diane Jones, 1756 Silver Hills, spoke in opposition to the request due to increased traffic and child 164 safety. 165 DRAFT Draft Prattville Board of Zoning Adjustment April 13, 2021 Minutes Page 4 of 4 166 Mr. Barrett asked Mr. McKenzie if there is a limit in the types of gun he can sell. Mr. McKenzie stated 167 that his (Title 1) type license would limit him to semi-automatic type weapons. He stated that they 168 would probably seek Title 2 licensing when they are in a business district. 169 170 Ms. Johnson asked what their projected time line of growth for the business. Mr. McKenzie stated that 171 within the next two to three years they hope to see the success of the business and then will be able to 172 move to a commercial space. He also stated that the hours of operation 3:00 p.m. to 8:00 p.m. 173 appointment only is set because that is the time frame that they have outside of their regular full time 174 jobs. 175 176 Mr. Bagi stated that they live in the neighborhood and want to be good neighbors. He stated that their 177 main focus of the business starting out will be the online sales. 178 179 There being no further public comment, the public hearing was closed. 180 181 Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. 182 Barrett moved to establish the findings of fact stating that 1) the proposed home occupation is an 183 allowable use-on-appeal, and is not a prohibited use in a R-2 district; 2) development of the proposed 184 use is not in the public interest and does not meet the spirit of the City of Prattville Zoning Ordinance; 185 and 3) the proposed use will cause substantial adverse impact to adjacent or nearby properties or uses. 186 Mr. Crosby seconded the motion. The motion to approve the findings of fact passed unanimously. 187 188 After no further discussion, the vote was called. Mr. Duke moved to deny the request as submitted 189 based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to deny passed 190 unanimously. 191 192 The BZA voted to deny the use-on-appeal to operate a home occupation for firearm sales on property 193 located at 748 Silver Hills Drive. 194 195 MINUTES: 196 Mr. Duke moved to approve the minutes of the March 9, 2021, regular meeting. Mr. Barrett seconded 197 the motion. The motion to approve passed unanimously. 198 199 MISCELLANEOUS: 200 Mr. Stephens discussed with the BZA the Planning Commission’s plan to rewrite the City of Prattville 201 Zoning Ordinance and the changes in the ordinance that will affect the board. He also discussed issues 202 the department was having with the newspaper meeting the ad requirements. He wanted their opinion 203 on eliminating that process if it’s not a state requirement. He stated that posting signs and sending 204 letters have been the most effective means of meeting notification. 205 206 Jon Lee Finnegan, 211 Deer Trace, addressed the Board and asked if they would reconsider having 207 their video meetings posted online. Mr. Stephens informed the Board that the meetings are not posted 208 to the website after consultation and recommendation by the City Attorney in 2012. 209 210 ADJOURN: 211 After no further comments, questions, or discussion the meeting was adjourned at 5:41 p.m. 212 213 Respectfully submitted, 214 215 216 217 218 Alisa Morgan, Secretary 219 Board of Zoning Adjustment 220 DRAFT Page 1 of 2 Board of Zoning Adjustment Staff Report Use On Appeal 210511-01 MEETING DATE: May 11, 2021 PETITIONER: Steve Hunt PROPERTY OWNER: Steve Hunt SUBJECT SITE: 1950 Tara Drive REQUEST: To operate a home lawn care business CURRENT ZONING: R-3 Residential LOCATION: Pecan Ridge SURROUNDING LAND North: Single-Family Residential (R-3) USES AND ZONING: South: Single-Family Residential (PUD) 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 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 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.” a. Subject property is approximately 0.25 acres. b. Subject property is partially enclosed with a 6’ privacy fence on the right side of the house, however the left side, garage side, is not enclosed by a fence. c. Subject property includes a small accessory structure in rear yard. DRAFT TARA DR MCQUEEN SMITH RD SDEE DRHWY 82 BYP EHEATHER DRCONSTITUTION AVECHERRY TREE LN FIRE FLY DOSS CT COFFEE EXCGSHANNON CT HOME PARK TRL DELLWOOD C T SA D D L E R D G MELVINA PL BARN CUT±Legend S_PLSS_ArProject AreaStreetsAutauga Tax Parcels 0 1,000500 Feet Locations are approximate Location Map - 1950 Tara Drive DRAFT TARA DR HEATHER DR±Legend S_PLSS_ArProject AreaStreetsAutauga Tax Parcels 0 5025 Feet Locations are approximate Aerial Map - 1950 Tara Drive DRAFT TARA DR MCQUEEN SMITH RD SDEE DRHWY 82 BYP EHEATHER DRCONSTITUTION AVECHERRY TREE LN FIRE FLY DOSS CT COFFEE EXCGSHANNON CT HOME PARK TRL DELLWOOD C T SA D D L E R D G MELVINA PL BARN CUTP.U.D. R-3 F.A.R. B-2 R-5 P.U.D. P.U.D. B-2 R-2 B-2 R-4 R-2 F.A.R. B-1 R-2 R-3 P.U.D. B-2 ±Legend S_PLSS_ArProject AreaStreetsAutauga Tax Parcels 0 1,000500 Feet Locations are approximate Zoning Map - 1950 Tara Drive DRAFT DRAFT DRAFT Page 1 of 2 Staff Report Board of Zoning Adjustment Use On Appeal 210511-02 MEETING DATE: May 11, 2021 PETITIONER: Jonathan Brown PROPERTY OWNER: Kimberly Till SUBJECT SITE: 331 S. Chestnut REQUEST: Allow construction of a single-family dwelling CURRENT ZONING: B-2 (General-Business) LOCATION: 331 S. Chestnut SURROUNDING LAND North: B-2 (General-Business) USES AND ZONING: South: B-2 (General-Business) East: B-2 (General-Business) West: B-2 (General-Business) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. Use-on-appeal in order to construct a single-family dwelling in a B-2 district ZONING ORDINANCE REFERENCED: Section 72- Business District Requirements USES PERMITTED ON APPEAL: Any use permitted or permitted on appeal in the R-3 Residential District, and subject to all district requirements of an R-3 District as specified in Section 71, hereof 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 a B-2 district? The requested use is an allowable through use-on-appeal. The proposed use is not a prohibited use in a B-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. Construction of a residential dwelling is specifically listed as a use permitted on appeal (§72) 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 B-2 district. The construction of a dwelling will match the fabric of the neighborhood because on both sides of parcel are residential homes. 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. Planning Department Recommendation: Approve DRAFT 1ST ST E MAIN ST W MAIN ST MA P L E S T S CHESTNUT STOAK CREEK CIRP L E T C H E R S T ±Legend S_PLSS_ArProject AreaStreetsAutauga Tax Parcels 0 300150 Feet Locations are approximate Location Map - 331 South Chestnut Street DRAFT S CHESTNUT ST±Legend S_PLSS_ArProject AreaStreetsAutauga Tax Parcels 0 5025 Feet Locations are approximate Aerial Map - 331 South Chestnut Street DRAFT 1ST ST E MAIN ST W MAIN ST MA P L E S T S CHESTNUT STOAK CREEK CIRP L E T C H E R S T B-2 R-2 B-2 O-1R-2 ±Legend S_PLSS_ArProject AreaStreetsAutauga Tax Parcels 0 300150 Feet Locations are approximate Zoning Map - 331 South Chestnut Street DRAFT DRAFT DRAFT DRAFT