2106-June 08 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 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.
Approved 7/13/21
Prattville Board of Zoning Adjustment June 8, 2021 Minutes Page 1 of 3
City of Prattville Board of Zoning Adjustment Minutes June 8, 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, June 8, 2021. ROLL CALL: Chairman Knapp called the roll. Members present: Chairman Charles Knapp, Vice Chairman Billy
Barrett, and Ms. Sarah Johnson. Members absent: Mr. Jerry Crosby and Mr. Greg Duke. Also present were supernumerary members Mr. Neal Parker and Chief 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. Chairman Knapp changed the order that the agenda items were heard. NEW BUSINESS: 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 Mr. Williams provided the staff report for a use-on-appeal to extend the rear temporary parking for 6 months located at the southwest corner of S. Memorial Drive and Wetumpka Street (124 S. Memorial Drive). He stated that the Baptist Hospital was approved a temporary use for a parking lot for 18 months by the BZA at their January 14, 2020 meeting. He stated that they are near completion. Chief Michael Whaley recused himself due to a conflict of interest. Derril Strickland of Goodwyn, Mills & Cawood, petitioner’s representative, presented the request for a use-on-appeal to extend the rear temporary parking for 6 months on property at the southwest corner of S. Memorial Drive and Wetumpka Street. He stated that they are nearing completion and are requesting a time extension just in case they are not complete before the 18 months ends. He stated
that the additional time will allow them to plan the next phase for the use of the parking lot. Chairman Knapp opened the floor for public comments. There were none. 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 Temporary Parking Lot is an
Approved 7/13/21
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 proposed use at 124 S Memorial Drive is in the public interest. Ms. Johnson 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 contingent that any and all contingencies of the January 14, 2020 approval remain in effect. Mr. Parker seconded the motion. The motion to approve passed unanimously. Chief Whaley resumed his seat to take action in the remaining case.
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 Mr. Rigsby provided the staff report for a variance to exceed the max size allowed and vary from the
required exterior material located at 413 Lower Gainesville Road. He stated that the property is zoned FAR, the proposed structure is 2400ft2, 60% of the main dwelling and material is metal
with brick on the front. William Pugh, petitioner, presented the request for a variance request to exceed the max size allowed and vary from the required material located at 413 Lower Gainesville Road. He stated that the structure would be used as a shop and RV storage. He stated that he is willing to downsize the proposed 40x60 structure to 30x50.
Chairman Knapp opened the floor for public comments. Glenn Smith, 422 Lower Gainesville Road, spoke in opposition to the request because it violates the McGhee Ridge Subdivision’s covenants. He presented a petition of signatures of some of the residents in opposition to the request. (The petition is made part of the minutes).
Gary Alexander, 406 Lower Gainesville Road, spoke in opposition to the request stated that the HOA had denied approval of the structure and it’s premature for the petitioner to request for a variance without resolving issues with its HOA. Mr. Pugh addressed the board again stating that he also received support for structure although most were verbal he received a letter of support from his neighbors the Brienzas. (Email made a part of the minutes). He also stated that he got verbal approval from his HOA for approval of the structure. The city staff also received a letter of opposition from the representative from the Burton Manor HOA in opposition to the request.
Mr. Parker asked the petitioner if he received approval from the HOA, how is that the representative stating that the approval is denied. Mr. Pugh stated that he couldn’t explain that but knows that he received verbal approval from the HOA and proceeded to pursue approval from the city. Mr. Parker also explained that any decision that the BZA gives has no bearings with the HOA, the two are separate entities and he would have to settle any issues with the HOA.
Mr. Smith stated that the verbal approval was granted for the 30x50 structure and explained that approval was given in error and the entire request was denied by their architectural review board. After no further comments, the public hearing was closed.
Approved 7/13/21
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 downsizing the proposed structure to 30x50 it would not violate the city’s requirement and the only issue before the BZA would be the proposed material. After their discussion, the vote was called. Chairman Knapp moved to table the request to the next meeting (July 13) for accurate submission of the size being proposed. Ms. Johnson seconded the motion. The motion to table passed unanimously. MINUTES: Mr. Parker moved to approve the minutes of the May 11, 2021 regular meeting. Chief Whaley seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:26 p.m.
Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
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.
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
Page 4 of 4
413 Lower Gainesville Road Site Plan – Existing and Proposed Structures
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.
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
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
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.
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