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2107-July 13 BZA Pkt (Draft)102 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 July 13, 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: 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 Held 6/8 District 1 New Business: None Minutes: June 8, 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. D T Draft Prattville Board of Zoning Adjustment June 8, 2021 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment 1 Minutes 2 June 8, 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 Charles Knapp at 4:00 p.m. on Tuesday, June 8, 2021. 8 9 ROLL CALL: 10 Chairman Knapp called the roll. Members present: Chairman Charles Knapp, Vice Chairman Billy 11 Barrett, and Ms. Sarah Johnson. Members absent: Mr. Jerry Crosby and Mr. Greg Duke. Also present 12 were supernumerary members Mr. Neal Parker and Chief 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 Chairman Knapp changed the order that the agenda items were heard. 29 30 NEW BUSINESS: 31 USE-ON-APPEAL: 32 Temporary Use-Extend the rear temporary parking for 6 months. 33 Southwest corner of S. Memorial Drive and Wetumpka Street 34 B-2 (General Business) 35 Baptist Health/Goodwyn, Mills & Cawood, Petitioner 36 37 Mr. Williams provided the staff report for a use-on-appeal to extend the rear temporary parking for 6 38 months located at the southwest corner of S. Memorial Drive and Wetumpka Street (124 S. Memorial 39 Drive). He stated that the Baptist Hospital was approved a temporary use for a parking lot for 18 40 months by the BZA at their January 14, 2020 meeting. He stated that they are near completion. 41 42 Chief Michael Whaley recused himself due to a conflict of interest. 43 44 Derril Strickland of Goodwyn, Mills & Cawood, petitioner’s representative, presented the request for a 45 use-on-appeal to extend the rear temporary parking for 6 months on property at the southwest corner 46 of S. Memorial Drive and Wetumpka Street. He stated that they are nearing completion and are 47 requesting a time extension just in case they are not complete before the 18 months ends. He stated 48 that the additional time will allow them to plan the next phase for the use of the parking lot. 49 50 Chairman Knapp opened the floor for public comments. There were none. The public hearing was 51 closed. 52 53 Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. 54 Parker moved to establish the findings of fact stating that 1) the proposed Temporary Parking Lot is an 55 D T Draft Prattville Board of Zoning Adjustment June 8, 2021 Minutes Page 2 of 3 allowable use-on-appeal, and is not a prohibited use in a B-2 district and 2) development of the 56 proposed use at 124 S Memorial Drive is in the public interest. Ms. Johnson seconded the motion. 57 The motion to approve the findings of fact passed unanimously. 58 59 After no further discussion, the vote was called. Mr. Barrett moved to approve the request as 60 submitted based on the approved findings of fact contingent that any and all contingencies of the 61 January 14, 2020 approval remain in effect. Mr. Parker seconded the motion. The motion to approve 62 passed unanimously. 63 64 Chief Whaley resumed his seat to take action in the remaining case. 65 66 VARIANCE: 67 Accessory Structure-Exceed the max size allowed and vary from the required material. 68 413 Lower Gainesville Road 69 FAR (Forest, Agricultural, Recreation) 70 William M. Pugh, Petitioner 71 72 Mr. Rigsby provided the staff report for a variance to exceed the max size allowed and vary from the 73 required exterior material located at 413 Lower Gainesville Road. He stated that the property is 74 zoned FAR, the proposed structure is 2400ft2, 60% of the main dwelling and material is metal 75 with brick on the front. 76 77 William Pugh, petitioner, presented the request for a variance request to exceed the max size allowed 78 and vary from the required material located at 413 Lower Gainesville Road. He stated that the 79 structure would be used as a shop and RV storage. He stated that he is willing to downsize the 80 proposed 40x60 structure to 30x50. 81 82 Chairman Knapp opened the floor for public comments. Glenn Smith, 422 Lower Gainesville Road, 83 spoke in opposition to the request because it violates the McGhee Ridge Subdivision’s covenants. He 84 presented a petition of signatures of some of the residents in opposition to the request. (The petition is 85 made part of the minutes). 86 87 Gary Alexander, 406 Lower Gainesville Road, spoke in opposition to the request stated that the HOA 88 had denied approval of the structure and it’s premature for the petitioner to request for a variance 89 without resolving issues with its HOA. 90 91 Mr. Pugh addressed the board again stating that he also received support for structure although most 92 were verbal he received a letter of support from his neighbors the Brienzas. (Email made a part of the 93 minutes). He also stated that he got verbal approval from his HOA for approval of the structure. 94 95 The city staff also received a letter of opposition from the representative from the Burton Manor HOA 96 in opposition to the request. 97 98 Mr. Parker asked the petitioner if he received approval from the HOA, how is that the representative 99 stating that the approval is denied. Mr. Pugh stated that he couldn’t explain that but knows that he 100 received verbal approval from the HOA and proceeded to pursue approval from the city. 101 102 Mr. Parker also explained that any decision that the BZA gives has no bearings with the HOA, the two 103 are separate entities and he would have to settle any issues with the HOA. 104 105 Mr. Smith stated that the verbal approval was granted for the 30x50 structure and explained that 106 approval was given in error and the entire request was denied by their architectural review board. 107 108 After no further comments, the public hearing was closed. 109 110 D T Draft Prattville Board of Zoning Adjustment June 8, 2021 Minutes Page 3 of 3 Chairman Knapp opened discussion for the Board. Mr. Parker stated that if the petitioner is 111 downsizing the proposed structure to 30x50 it would not violate the city’s requirement and the only 112 issue before the BZA would be the proposed material. After their discussion, the vote was called. 113 Chairman Knapp moved to table the request to the next meeting (July 13) for accurate submission of 114 the size being proposed. Ms. Johnson seconded the motion. The motion to table passed unanimously. 115 116 MINUTES: 117 Mr. Parker moved to approve the minutes of the May 11, 2021 regular meeting. Chief Whaley seconded 118 the motion. The motion to approve passed unanimously. 119 120 MISCELLANEOUS: 121 122 ADJOURN: 123 After no further comments, questions, or discussion the meeting was adjourned at 4:26 p.m. 124 125 Respectfully submitted, 126 127 128 129 130 Alisa Morgan, Secretary 131 Board of Zoning Adjustment 132 D T Page 1 of 4 Board of Zoning Adjustment Staff Report REVISED Variance 210608-01 MEETING DATE: July 13, 2021 PETITIONER: William M. Pugh PROPERTY OWNER: William M. Pugh SUBJECT SITE: 413 Lower Gainesville Road REQUEST: Variance – To vary from accessory structure requirements CURRENT ZONING: FAR (Forest, Agricultural, Recreation) LOCATION: 413 Lower Gainesville Road SURROUNDING LAND North: Single-Family Residential (FAR) USES AND ZONING: South: Private School – Autauga Academy (FAR) East: Forested / Vacant Property (FAR) West: Forested / Vacant Property (FAR) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. Variance Request to: a. Allow metal sided accessory structure to be larger than 200 square feet (Section 69.3 (2) e.) ZONING ORDINANCE REFERENCED: Article 6 – General Provisions Section 69.3 – Accessory Structures. (2) Residential zones (not including multi-family zones). a. Accessory structures shall be located in back or side yards at least ten feet (10') behind the front building setback or the front plane of the primary structure, whichever is greater; b. Accessory structures shall be located at least ten feet (10') from the primary structure and five feet (5') from other accessory structures; c. The cumulative area of accessory structures on a parcel shall not exceed fifty percent (50%) of the gross floor area of the primary structure; d. Accessory structures shall not be located closer than five feet (5') to property lines; D T Page 2 of 4 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. D T Page 3 of 4 ANAYLSIS/EVALUATION: Applicant is proposing to install/construct a 30’W x 50’L x 16’H (1500 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) 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 D T Page 4 of 4 413 Lower Gainesville Road Site Plan – Existing and Proposed Structures REVISED SITE PLAN D T D T D T This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are unsure if the email is safe, please forward it to help@prattvilleal.gov. From:leatherwoodjane To:Planning Cc:Williams, Tommie Subject:[EXTERNAL]Accessory Structure Permit - William M. Pugh Date:Monday, July 5, 2021 2:25:29 PM Attachments:Pugh Letter and Supporting Documents.pdfMiss Rogers" Letter.pdfPetition.pdf Good afternoon, Please find attached my letter and supporting documents requesting denial of the above-referenced request. The supporting documents are actual pages from the McGee Ridge Homeowners' Association Covenants. Although I have included only applicable pages, I canprovide the full document if necessary. I have also attached a note from another McGee Ridge property owner, Ms. Ellen Rogers, at her request. A copy of the original petition signed by over 70% of the McGee Ridge propertyowners is also attached. I regret that I am unable to attend the meeting. If anyone should have questions, please don't hesitate to call me at . Thank you! Jane Leatherwood D T D T D T D T D T D T D T D T D T D T