2105-May 11 BZA
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.
Approved 6/8/21
Prattville Board of Zoning Adjustment May 11, 2021 Minutes Page 1 of 2
City of Prattville Board of Zoning Adjustment Minutes May 11, 2021 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Charles Knapp at 4:00 p.m. on Tuesday, May 11, 2021. ROLL CALL: Chairman Knapp called the roll. Members present: Chairman Charles Knapp, Mr. Jerry Crosby, and
Ms. Sarah Johnson. Members absent: Vice Chairman Billy Barrett and Mr. Greg Duke. Also present were supernumerary members Mr. Neal Parker and Mr. Michael Whaley.
Quorum Present Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie
Williams, Planner; and Ms. Alisa Morgan, Secretary. Chairman Knapp 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-Lawn Service and Painting Business. 1950 Tara Drive R-3 (Single Family Residential) Steve Hunt, Petitioner Mr. Rigsby provided the staff report for a use-on-appeal to allow a home occupation for lawn service and painting business located at 1950 Tara Drive.
Steve Hunt, petitioner, presented the request for a use-on-appeal to allow a home occupation for lawn service and painting business on property at 1950 Tara Drive. He stated that the business will not expand beyond the existing business of lawn care and small painting jobs. Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed. Chairman Knapp opened discussion for the Board. The Board discussed that the use of oil base paint should be prohibited even though the petitioner denies uses such. After their discussion, the vote was called. Mr. Crosby moved to establish the findings of fact stating that 1) the proposed home
occupation is an allowable use-on-appeal, and is not a prohibited use in a R-3 district; 2) development of the proposed use 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. Ms. Johnson 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 submitted based on the approved findings of fact contingent that the use of oil/petroleum base solvents
Approved 6/8/21
Prattville Board of Zoning Adjustment May 11, 2021 Minutes Page 2 of 2
are prohibited. Mr. Crosby seconded the motion. The motion to approve passed unanimously. 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 Mr. Williams provided the staff report for a use-on-appeal to allow a single family residential use in a
B-2 Zoning District located at 331 South Chestnut Street. He stated that the surrounding uses in the
area are a combination of business and residential use. Jonathan Brown, petitioner, presented the request for a use-on-appeal request for a single family
residential use in a B-2 district located at 331 South Chestnut Street. He stated that he plans to construct a 2 story structure. He stated that the structure is located in a flood zone and would have to be elevated to meet floodplain requirements. Chairman Knapp opened the floor for public comments. Lori Terrell, 145 Lake Region Lane, Wetumpka, spoke in favor of the request. She stated that the site is ideal for residential.
After no further comments, the public hearing was closed. Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. Parker moved to establish the findings of fact stating that 1) the proposed residential use is an allowable use-on-appeal; and 2) development of the proposed use is in the public interest and meets
the spirit of the City of Prattville Zoning Ordinance. Ms. Johnson seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Crosby moved to approve the request as submitted based on the approved findings of fact. Mr. Whaley seconded the motion. The motion to
approve passed unanimously. MINUTES: Mr. Crosby moved to approve the minutes of the April 13, 2021 regular meeting. Ms. Johnson seconded the motion. The motion to approve passed unanimously.
MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:21 p.m. Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
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?
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.
TARA DR
MCQUEEN SMITH RD S
D
E
E
D
R
HWY 82 BYP E
HEATHER DR
C O NSTITUTIO N A VE
CHERRY TREE LN
F
I
R
E
F
L
Y
DOSS CT
COFFEE EXCG
SHANNON CT
H
O
M
E
P
A
R
K
T
R
L
DELLWOOD CT
SADDLE RDG
MELVINA PL
BARN CUT
±Legend
S_PLSS_ArProject AreaStreetsAutauga Tax Parcels
0 1,000500
Feet
Locations are approximate
Location Map - 1950 Tara Drive
TARA DR
HEATHER DR
±Legend
S_PLSS_ArProject AreaStreetsAutauga Tax Parcels
0 5025
Feet
Locations are approximate
Aerial Map - 1950 Tara Drive
TARA DR
MCQUEEN SMITH RD S
D
E
E
D
R
HWY 82 BYP E
HEATHER DR
C O NSTITUTIO N A VE
CHERRY TREE LN
F
I
R
E
F
L
Y
DOSS CT
COFFEE EXCG
SHANNON CT
H
O
M
E
P
A
R
K
T
R
L
DELLWOOD CT
SADDLE RDG
MELVINA PL
BARN CUT
P.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
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?
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
1ST ST
E MAIN ST
W MAIN ST
MAPLE ST
S CHESTNUT ST
OAK CREEK CIR
P
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
S CHESTNUT ST
±Legend
S_PLSS_ArProject AreaStreetsAutauga Tax Parcels
0 5025
Feet
Locations are approximate
Aerial Map - 331 South Chestnut Street
1ST ST
E MAIN ST
W MAIN ST
MAPLE ST
S CHESTNUT ST
OAK CREEK CIR
P
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