2106-June 8 BZA Pkt_DRAFT102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J.SCOTT STEPHENS, AICPDIRECTOR
CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A June 8, 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: 1.210608-01 VARIANCE:
Accessory Structure-Exceed the max size allowed and vary from the required material. 413 Lower Gainesville Road
FAR (Forest, Agricultural, Recreation) William M. Pugh, Petitioner
Public Hearing
District 1
2.210608-02 USE-ON-APPEAL:
Temporary Use-Extend the rear temporary parking for 6 months. Southwest corner of S. Memorial Drive and Wetumpka Street
B-2 (General Business)Baptist Health/Goodwyn, Mills & Cawood, Petitioner
Public Hearing
District 6
Minutes: May 11, 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.
DR
A
F
T
Draft
Prattville Board of Zoning Adjustment April 13, 2021 Minutes Page 1 of 2
City of Prattville Board of Zoning Adjustment 1 Minutes 2 May 11, 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 Chairman Knapp called the roll. Members present: Chairman Charles Knapp, Mr. Jerry Crosby, and 11 Ms. Sarah Johnson. Members absent: Vice Chairman Billy Barrett and Mr. Greg Duke. Also present 12 were supernumerary members Mr. Neal Parker and Mr. Michael Whaley. 13
14 Quorum Present 15
16 Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner, Mr. Tommie 17 Williams, Planner, and Ms. Alisa Morgan, Secretary. 18
19
Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the 20 procedure of the meeting. 21
22 COMMITTEE REPORTS: 23 There were no reports to be made. 24
25 OLD BUSINESS: 26 There was no old business to discuss. 27
28 NEW BUSINESS: 29 USE-ON-APPEAL: 30 Home Occupation-Lawn Service and Painting Business. 31 1950 Tara Drive 32 R-3 (Single Family Residential)33
Steve Hunt, Petitioner 34
35 Mr. Rigsby provided the staff report for a use-on-appeal to allow a home occupation for lawn service 36
and painting business located at 1950 Tara Drive. 37
38 Steve Hunt, petitioner, presented the request for a use-on-appeal to allow a home occupation for lawn 39
service and painting business on property at 1950 Tara Drive. He stated that the business will not 40 expand beyond the existing business of lawn care and small painting jobs. 41
42
Chairman Knapp opened the floor for public comments. There were none. The public hearing was 43 closed. 44
45 Chairman Knapp opened discussion for the Board. The Board discussed that the use of oil base paint 46 should be prohibited even though the petitioner denies uses such. After their discussion, the vote was 47 called. Mr. Crosby moved to establish the findings of fact stating that 1) the proposed home 48 occupation is an allowable use-on-appeal, and is not a prohibited use in a R-3 district; 2) development 49 of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning 50
Ordinance, and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby 51 properties or uses. Ms. Johnson seconded the motion. The motion to approve the findings of fact 52 passed unanimously. 53
54 After no further discussion, the vote was called. Mr. Parker moved to approve the request as 55
DR
A
F
T
Draft
Prattville Board of Zoning Adjustment April 13, 2021 Minutes Page 2 of 2
submitted based on the approved findings of fact contingent that the use of oil/petroleum base solvents 56 are prohibited. Mr. Crosby seconded the motion. The motion to approve passed unanimously. 57
58 USE-ON-APPEAL: 59 Allow Single Family Residential use in a B-2 Zoning District. 60 331 S. Chestnut Street 61 B-2 (General Business)62 Jonathan Brown, Petitioner 63
64 Mr. Williams provided the staff report for a use-on-appeal to allow a single family residential use in a 65 B-2 Zoning District located at 331 South Chestnut Street. He stated that the surrounding uses in the66 area are a combination of business and residential use. 67
68 Jonathan Brown, petitioner, presented the request for a use-on-appeal request for a single family 69 residential use in a B-2 district located at 331 South Chestnut Street. He stated that he plans to 70 construct a 2 story structure. He stated that the structure is located in a flood zone and would have to 71 be elevated to meet floodplain requirements. 72
73 Chairman Knapp opened the floor for public comments. Lori Terrell, 145 Lake Region Lane, 74 Wetumpka, spoke in favor of the request. She stated that the site is ideal for residential. 75
76
After no further comments, the public hearing was closed. 77
78 Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. 79
Parker moved to establish the findings of fact stating that 1) the proposed residential use is an 80 allowable use-on-appeal; and 2) development of the proposed use is in the public interest and meets 81 the spirit of the City of Prattville Zoning Ordinance. Ms. Johnson 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. Crosby moved to approve the request as 85 submitted based on the approved findings of fact. Chief Whaley seconded the motion. The motion to 86 approve passed unanimously. 87
88 MINUTES: 89 Mr. Crosby moved to approve the minutes of the April 13, 2021 regular meeting. Ms. Johnson seconded 90 the motion. The motion to approve passed unanimously. 91
92 MISCELLANEOUS: 93
94 ADJOURN: 95 After no further comments, questions, or discussion the meeting was adjourned at 4:21 p.m. 96
97 Respectfully submitted, 98
99
102 Alisa Morgan, Secretary 103 Board of Zoning Adjustment 104
DR
A
F
T
DR
A
F
T
Page 2 of 4
d. Accessory structures shall not be located closer than five feet (5') to property lines;
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.
DR
A
F
T
Page 3 of 4
ANAYLSIS/EVALUATION:
Applicant is proposing to install/construct a 40’W x 60’L x 16’H (2400 sq ft) workshop/storage accessory structure in the
rear yard along the southeast corner of property. Proposed accessory structure will have a brick front façade facing Lower
Gainesville Road and the rear and sides will be vertical corrugated metal. Proposed structure will encroach on the required
size for a metal clad building. The Zoning Ordinance requires that all accessory structures have exterior materials or
cladding that is similar to and complements 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.
The subject lot is approximately 1.75 acres bordered on the east and west by large lots (~1.5+ac) currently forested. Parcel
to the rear / south is Autauga Academy private school. Lot is mostly cleared, flat, manicured grass nearest to Lower
Gainesville Road and mostly wooded at rear and side property lines. Proposed accessory structure will sit more than 150
feet the road and front property line. Front brick façade of the proposed structure will be 100% visible from Lower
Gainesville Road, however, the metal clad rear and sides will likely not be visible under current conditions due to heavy
tree coverage at rear and sides of property and the distance of the structure from the road.
This request violates Section 69.3 (2) c. & e. of the City of Prattville Zoning Ordinance and would need a variance
in order for a permit to be issued.
413 Lower Gainesville Road - Existing
DR
A
F
T
Page 4 of 4
413 Lower Gainesville Road Site Plan – Existing and Proposed Structures
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
102 West Main Street \ Prattville, AL 36067 \ 334. 595.05 00 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP DIRECTOR
MEMORANDUM
TO: Board of Zoning Adjustment
FROM: Scott Stephens, Planning Director
DATE: June 4, 2021
RE: Temporary Parking Lot Time Extension
The BZA approved a temporary parking lot at Baptist Hospital (124 South Memorial Dr) at their
January 14, 2020, meeting for 18 months (see attached minutes and previous staff report).
They are now requesting an extension of the same temporary use.
DR
A
F
T
Approved 2/11/20
Prattville Board of Zoning AdjustmentJanuary 14, 2020 Minutes Page 1 of 3
City of Prattville Board of Zoning Adjustment
Minutes
January 14, 2020
CALL TO ORDER:
The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice-
Chairman Jerry Crosby at 4:01 p.m. on Tuesday, January 14, 2020.
ROLL CALL:
Present: Vice-Chairman Jerry Crosby, Mr. Charles Knapp, and Mr. Billy Barrett. Absent: Chairman
James Miles and Ms. Jerry Schannep.
Also present were supernumerary members Chief Michael Whaley and Mr. Neal Parker.
Quorum Present
Staff present: Mr. Scott Stephens, City Planner, and Mr. Austin Brass, Senior Planner.
OLD BUSINESS:
There was no old business to discuss.
Vice-Chairman Crosby changed the order that the agenda items were heard.
NEW BUSINESS:
USE-ON-APPEAL
To allow temporary use for a parking lot.
124 South Memorial Drive
B-2 (General Business)
Baptist Health Services, Petitioner
Mr. Knapp introduced the use-on-appeal request for a temporary parking lot. Mr. Brass provided the
staff report. He stated that an addition is proposed for the front of the building and the temporary
parking on the rear will accommodate for front parking during renovation.
Derril Strickland of Goodwyn, Mills, & Cawood, petitioner’s representative, presented the request for
a temporary parking lot to be located to the rear of the building. He stated that the proposed temporary
73 parking stalls parking lot will be asphalt exempt of landscaping and storm water detention.
Vice-Chairman Crosby opened the public hearing.
B. G. Manning, 1243 Tallant Drive, had questions about water runoff. Mr. Strickland stated that water
would run to the south of the property.
After no further comments, the public hearing was closed.
Vice-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)the proposed Temporary Parking Lot
is an allowable use-on-appeal, and is not a prohibited use in a B-2 district; 2) development of the
proposed use at 124 S Memorial Drive is in the public interest and meets the spirit of the City of
Prattville Zoning Ordinance; 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. Parker moved to approve the request as
DR
A
F
T
Approved 2/11/20
Prattville Board of Zoning AdjustmentJanuary 14, 2020 Minutes Page 2 of 3
submitted for 18 months based on the approved findings of fact. Mr. Knapp seconded the motion.
The motion to approve passed unanimously.
The BZA voted to approve the use-on-appeal to allow temporary use for a parking lot for 18 months
for property located at 124 South Memorial Drive.
(Chief Whaley arrived at 4:13)
VARIANCE
To encroach into the required 10’ side yard setback.
216 Edgewood Ave.
R-2 (Single Family Residential)
Thomas Glenn, Petitioner
Mr. Knapp introduced the variance request to encroach into the side yard setback. Mr. Brass provided
the staff report. He stated that the 2 feet variance request is to allow for an accessory structure located
less than 5 feet from side property line and a variance to allow for an accessory structure located less
than 5 feet from an existing accessory structure. He stated that the existing structure is non-conforming
encroaching into the rear and side yards.
Thomas Glenn, petitioner, stated that he wants to place the structure to align with the front door. If
placed correctly it would be misaligned.
Vice-Chairman Crosby opened the floor for public comments. There were none. The public hearing
was closed.
Vice-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) 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 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); and 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. Mr. Knapp seconded the motion. The motion passed by
4/1 vote as recorded. Favor: Mr. Barrett, Mr. Knapp, Chief Whaley, Vice-Chairman Crosby. Oppose:
Mr. Parker.
After no further discussion, the vote was called. Mr. Knapp moved to approve the request as
submitted based upon the approved findings of fact. Mr. Barrett seconded the motion. The motion to
approve passed unanimously.
The BZA voted to approve the variance to encroach into the required 10’ side yard setback for
property located at 216 Edgewood Ave.
VARIANCE
To allow an accessory structure more than 50% of the main dwelling.
902 Lexington Lane
R-3 (Single Family Residential)
Heath McNeal, Petitioner
Mr. Knapp introduced the variance request to allow an accessory structure with square footage more
than 50% of the main dwelling. Mr. Brass provided the staff report. He stated that there are three
components to this variance request. First, the proposed accessory structure exceeding 50% of
primary structure, second the proposed structure being located on a parcel without a primary structure
DR
A
F
T
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
Use On Appeal #200114-03 1-14-20 Page 1
SUMMARY FACTS:
USE-ON-APPEAL #200114-03
PETITIONER: Goodwyn, Mills & Cawood, Inc.
PROPERTY OWNER: Baptist Health Services
SUBJECT SITE: 124 S Memorial Drive
REQUEST: Use-On-Appeal/ Temporary Parking Lot
CURRENT ZONING: B-2, General Business
PARCEL ID: Autauga: 19020940080010000
PROPERTY SIZE: 3.44 +/- acres
FUTURE LAND-USE MAP: Institutional
SURROUNDING LAND North: Prattville Square Shopping Center (B-3)
USES AND ZONING: South: Prattville Baptist Health Parking (B-2)
East: Prattville Baptist Health (B-2)
West: Single-Family Residential Dwelling/ Water Tower (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests/Approval: July 9th, 2017- Variance approved for frontage
landscaping and elimination of berm requirement.
January 27th, 1976- Use-on-appeal approved for
operation of hospital in B-2 zoning district.
Conditions of Previous Approval: N/A
ANAYALIS:
Analysis. Below is the staff assessment of the three general question applicable to uses-on-appeal:
1. Is the proposed temporary parking lot an allowable use-on-appeal, and not a prohibited
use in a B-2 district?
The requested use is an allowable use-on-appeal. It is NOT a prohibited use in a B-2 district
as a temporary use.
DR
A
F
T
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
Use On Appeal #200114-03 1-14-20 Page 2
2. Is development of the proposed temporary parking lot for Baptist Health Services in the
public interest? Does the proposed development meet the spirit of the City of Prattville
Zoning Ordinance?
At present, the site is an undeveloped area at the rear of the Prattville Baptist Hospital
directly adjacent to an existing parking area that fronts along Wetumpka Street. As part of
a capital improvement project for the hospital, the hospital will commence construction of
a new geriatrics unit located over an existing parking area at the front elevation of the
hospital facing Memorial Drive. For this new construction project, an entire parking area
will be eliminated, whereas the petitioner wishes to offset this parking with a new
“temporary asphalt parking lot” at the rear of the hospital as depicted in an attached site
plan. 73 (9 x 18) parking spaces will be added within the proposed temporary lot.
3. Does the proposed temporary parking lot cause substantial adverse impact to adjacent or
nearby properties or uses?
PLANNING STAFF EVALUATION:
Recommendation: Conditional Approval, contingent upon proposed church meeting all the City of
Prattville development regulations & codes for Zoning/Fire/Building/Engineering
& Storm water, and that parking lot be removed within an 18 month timeframe of
temporary use permit approval.
Reviewed by: Austin Brass, Senior Planner
Site Visits Conducted: December, 2019
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T
DR
A
F
T