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2108-August 10 BZA Pkt (Draft) 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 August 10, 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. 210810-01 USE-ON-APPEAL: Home Occupation-Lawn care business 237 Primrose Drive R-2 (Single Family Residential) Douglas Cowling, Petitioner Public Hearing District 2 2. 210810-02 VARIANCE: Alteration-Room addition encroaching into the rear yard setback. 304 High Pointe Ridge R-2 (Single Family Residential) Kevin Beacom, Petitioner Public Hearing District 4 3. 210810-03 VARIANCE: Accessory Structure-Vary from the required material. 838 Heather Drive R-3 (Single Family Residential) Ricky Smith, Petitioner Public Hearing District 5 4. 210810-04 VARIANCE: Parking Spaces-Reduce from the required 125 spaces to a proposed 93 spaces Setback Requirements-Reduce 50’ setback requirements North of Fairview Ave and west of Old Farm Lane B-4 (Highway Commercial) Jennifer Santelli, Petitioner Public Hearing District 3 Minutes: July 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. DR A F T Draft Prattville Board of Zoning Adjustment July 13, 2021 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment 1 Minutes 2 July 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 Charles Knapp at 4:00 p.m. on Tuesday, July 13, 2021. 8 9 ROLL CALL: 10 Chairman Knapp called the roll. Members present: Chairman Charles Knapp, Vice Chairman Billy 11 Barrett, and Mr. Greg Duke. Members absent: Mr. Jerry Crosby and Ms. Sarah Johnson. 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 VARIANCE 27 Accessory Structure-Exceed the max size allowed and vary from the required material. 28 413 Lower Gainesville Road 29 FAR (Forest, Agricultural, Recreation) 30 William M. Pugh, Petitioner 31 32 This item was tabled at the previous meeting (June 8) for accurate submission of the size being 33 proposed. Mr. Rigsby provided the staff comments stating that the petitioner had presented a revised 34 plan showing the proposed structure modified to 30’x50’. There was no modification to the material 35 being proposed. 36 37 William Pugh, petitioner, presented the request for a modified structure of 30’x50’ of steel. He 38 presented documents to support that the structure would not decrease property values from the 39 Autauga County Revenue Commissioners’ Office’s Appraisal Department, Marc Dendy and a letter 40 from local realtor, Lynne Richardson. He also presented pictures showing the view of his backyard 41 adjacent to the school. 42 43 Mr. Parker asked if Mr. Pugh if he had inquired about the cost of siding to match the main dwelling. 44 Mr. Pugh stated that he had not gotten any estimates on the cost of siding. 45 46 Although the public hearing was heard at the June meeting, Chairman Knapp opened the floor for 47 public comments. Dan Cowell representative for David & Robin Granik of 412 Lower Gainesville 48 Road. He spoke in opposition to the request stating that the modified size of 30’x50’ is still greater 49 than 50% of the main dwelling, material is still in violation of the Zoning Ordinance, and the majority 50 of the neighborhood is opposed to the structure. He presented a copy of the letter from the McGee 51 Ridge Homeowner’s Association (HOA) sent to Mr. Pugh disapproving the structure. (The letter is 52 made part of the minutes). 53 54 Chairman Knapp asked if the size modification still violates the city’s ordinance. Mr. Stephens stated 55 DR A F T Draft Prattville Board of Zoning Adjustment July 13, 2021 Minutes Page 2 of 3 that according to the tax records of the total square footage of approximately 3004ft2, it does comply. 56 57 David Dinger, President of the McGee Ridge Subdivision HOA and member of the Architecture 58 Review Committee, spoke in opposition to the request. He stated that the letter submitted by Mr. 59 Cowell is a detailed account of their disapproval of Mr. Pugh’s structure. 60 61 Glenn Smith, 422 Lower Gainesville Road, Vice-President of the McGee Ridge Subdivision HOA and 62 member of the Architecture Review Committee, spoke in opposition to the request. He stated that Mr. 63 Pugh was turned down after they start reading the covenants. 64 65 Chairman Knapp asked if the HOA discussed with Mr. Pugh what the HOA would like to see to help 66 with his design. Mr. Smith stated that the HOA has not discussed with Mr. Pugh. 67 68 Richard Minnigh, 105 Asbury Drive, President of the Burton Manor HOA, spoke in opposition to the 69 request. 70 71 Mr. Pugh addressed the board again stating that he didn’t received a written notice from the McGee 72 Ridge HOA stating that his structure was denied approval until June 6, a few days prior to the meeting. 73 Patricia Pugh stated that they have lived in the neighborhood since 2008 and since then more than one 74 covenant has been broken. 75 76 Also, letters of opposition were received from Jane Leatherwood, 420 Lower Gainesville Road; Ellen 77 Davis Rogers, 2900 Cahaba Brook Lane, Birmingham, AL; and Gary Alexander, 406 Lower 78 Gainesville Road. 79 80 After no further comments, the public hearing was closed. 81 82 Chairman Knapp opened discussion for the Board. Mr. Parker stated that the issue before the BZA is 83 the proposed material and the effects it would have on the surrounding neighborhood. After their 84 discussion, the vote was called. Chief Whaley moved to approve the findings of fact stating 1) that 85 special conditions and circumstances do not exist which are peculiar to the land, structure, or building 86 involved and which are applicable to other lands structures, or buildings in the same zoning district; 2) 87 that the special conditions and circumstances do result from actions of the applicant (self-imposed 88 hardship); 3) that granting of a variance is not in harmony with the intent and purposes of the zoning 89 ordinance; and 4) that a variance will adversely affect the surrounding property, the general 90 neighborhood, or the community as a whole. Mr. Barrett seconded the motion. The motion to approve 91 the findings of fact passed unanimously. 92 93 Mr. Parker moved to approve the request based on the approved findings of fact. Mr. Duke seconded 94 the motion. The motion to approve failed unanimously. 95 96 NEW BUSINESS: 97 There was no new business to discuss. 98 99 MINUTES: 100 Mr. Parker moved to approve the minutes of the May 11, 2021 regular meeting. Chief Whaley seconded 101 the motion. The motion to approve passed unanimously. 102 103 MISCELLANEOUS: 104 Mr. Stephens discussed with the BZA changes to stop advertisement in the Prattville Progress because 105 of their failure to meet the city’s requirements. He stated that that part of the process is not a state 106 requirement. 107 108 ADJOURN: 109 After no further comments, questions, or discussion the meeting was adjourned at 4:59 p.m. 110 DR A F T Draft Prattville Board of Zoning Adjustment July 13, 2021 Minutes Page 3 of 3 111 Respectfully submitted, 112 113 114 115 116 Alisa Morgan, Secretary 117 Board of Zoning Adjustment 118 DR A F T Page 1 of 2 Board of Zoning Adjustment Staff Report Use On Appeal 210810-01 MEETING DATE: August 10, 2021 PETITIONER: Douglas Cowling PROPERTY OWNER: Douglas Cowling SUBJECT SITE: 237 Primrose Drive REQUEST: To operate a home lawn care business CURRENT ZONING: R-2 Residential LOCATION: 237 Primrose Drive SURROUNDING LAND North: Single-Family Residential (R-2) USES AND ZONING: South: Single-Family Residential (R-2) East: Single-Family Residential (R-2) West: Single-Family Residential (R-2) 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-2 district? The requested use is an allowable use-on-appeal. The proposed use is not a prohibited use in an R-2 district. 2. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of Prattville Zoning Ordinance? DR A F T 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-2 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.” The subject property is approximately 0.26 acres. 2. Subject property has a small storage shed on property. DR A F T PRIMR O S E D R ±Legend Project AreaStreetsAutauga Tax Parcels 0 5025 Feet Locations are approximate Aerial Map - 237 Primrose Drive DR A F T CAME L L I A D R MAGN O L I A D R AZALEA DR PRIMR O S E D R MT A I R Y D R WIST E R I A R D GARD E N I A C T MIM O S A R D WOO D V A L E R D BOX W O O D R D DAN I E L D R CAM E L L I A W O O D S C T ±Legend Project AreaStreets 0 500250 Feet Locations are approximate Location Map - 237 Primrose Drive DR A F T CAME L L I A D R MAGN O L I A D R AZALEA DR PRIMR O S E D R MT A I R Y D R WIST E R I A R D GARD E N I A C T MIM O S A R D WOO D V A L E R D BOX W O O D R D DAN I E L D R CAM E L L I A W O O D S C T R-2 R-3 R-2R-3 R-3 R-2 R-2R-5 ±Legend Project AreaStreets 0 500250 Feet Locations are approximate Zoning Map - 237 Primrose Drive DR A F T DR A F T DR A F T Page 1 of 2 Board of Zoning Adjustment Staff Report Variance 210810-02 MEETING DATE: August 10, 2021 PETITIONER: Kevin Beacom PROPERTY OWNER: Kevin & Bridget Beacom SUBJECT SITE: 304 High Pointe Ridge REQUEST: Sunroom encroachment to rear setback CURRENT ZONING: R-2 (Single-Family Residential) LOCATION: Shady Oaks Subdivision SURROUNDING LAND North: Single-Family Residential (R-2) USES AND ZONING: South: Single-Family Residential (R-2) East: Single-Family Residential (R-2) West: Single-Family Residential (R-2) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. A variance has been requested for a patio cover that will encroach into the rear setback of 40ft. 2. The petitioner is requesting to build a partially enclosed rear patio cover that will encroach into the 40ft setback by 8ft. Rear of building will be 32’ from the property line. ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Section 71. - Residential district requirements. MINIMUM SETBACK: Front Yard: 35 feet; Rear Yard: 40 feet; Side Yard: 10 feet 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 DR A F T Page 2 of 2 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. ANAYLSIS/EVALUATION: Applicant is proposing to construct a partially enclosed, covered rear sunroom. Sunroom to be partially enclosed with screen and an aluminum roof. Per the site plan, the sunroom is going to be attached to the dwelling, therefore it has to meet the R-2 rear setback of 40ft. The material being utilized to construct the screened porch will be aluminum. PLANNING STAFF EVALUATION: Reviewed by: Tommie Williams, Planner Applicant’s Hardship: A variance is requested for relief from the 40’ rear yard setback to allow the 8’ encroachment thereby reducing the setback to 32’ due to the fact the current property lines surrounding this house are very narrow in relation to the existing structures. Recommendation: The board shall determine if a legitimate hardship is found with the placement of the proposed sunroom. A distinctive topographic variation, unique lot layout, or something that results from conditions that are unique to the property can hold standing as hardship. The hardship shall not be self-created. DR A F T HI G H P O I N T E R D G ±Legend Project AreaStreetsAutauga Tax Parcels 0 5025 Feet Locations are approximate Aerial Map - 304 High Point Ridge DR A F T E P O P L A R S T JA S M I N E T R L HI G H P O I N T E R D G FIV E A S H O A K S AM B R O S E L N SANDSTONE TRCE CU M B E R L A N D D R APPALACHIAN RDG SCARL E T O A K C T L A K E H A V E N W Y ±Legend Project AreaStreets 0 500250 Feet Locations are approximate Location Map - 304 High Point Ridge DR A F T E P O P L A R S T JA S M I N E T R L HI G H P O I N T E R D G FIV E A S H O A K S AM B R O S E L N SANDSTONE TRCE CU M B E R L A N D D R APPALACHIAN RDG SCARL E T O A K C T L A K E H A V E N W Y R-2 R-2 R-2 R-5 ±Legend Project AreaStreetsAutauga Tax Parcels 0 500250 Feet Locations are approximate Zoning Map - 304 High Point Ridge DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T Page 1 of 3 Board of Zoning Adjustment Staff Report Variance 210810-03 MEETING DATE: August 10, 2021 PETITIONER: Ricky D. Smith PROPERTY OWNER: Ricky D. Smith SUBJECT SITE: 838 Heather Drive REQUEST: Variance – To vary from accessory structure requirements (required material) CURRENT ZONING: R-3 (Single-Family Residential) LOCATION: 838 Heather Drive SURROUNDING LAND North: Single-Family Residential (R-3) USES AND ZONING: South: Single-Family Residential (R-3) 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. 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; DR A F T Page 2 of 3 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 3 ANAYLSIS/EVALUATION: The applicant is requesting to construct a 24 x 30 (720 sqft) accessory structure in the rear of the parcel. The zoning ordinance states that exterior materials or cladding shall be similar to and complement that of the primary structure. The primary structure is completely brick. Citizens are allowed to use utilize metal siding but no larger than 200 sq ft. The applicant is requesting a material deviation than what is allowed in the zoning ordinance, he would like a 24x30 metal accessory structure. Mr. Smith stated in submission packet that his hardships are 1. Wood storage building would be to expensive because of high lumber prices & 2. Wood storage building would be more maintenance such as painting. DR A F T HE A T H E R D R ±Legend Project AreaStreetsAutauga Tax Parcels 0 5025 Feet Locations are approximate Aerial Map - 838 Heather Drive DR A F T TARA DR D E E D R HE A T H E R D R MC Q U E E N S M I T H R D S HO M E P A R K T R L DO S S C T SHANNON CT DELLWOOD CT MELVINA PL FIRE F L Y R O C H E S T E R W Y ±Legend Project AreaStreetsAutauga Tax Parcels 0 500250 Feet Locations are approximate Location Map - 838 Heather Drive DR A F T TARA DR D E E D R HE A T H E R D R MC Q U E E N S M I T H R D S HO M E P A R K T R L DO S S C T SHANNON CT DELLWOOD CT MELVINA PL FIRE F L Y R O C H E S T E R W Y R-3 R-5 P.U.D. F.A.R. P.U.D. P.U.D. R-2 R-4 B-1 R-4 R-2 R-2 B-2 R-3 B-2 B-2 P.U.D. ±Legend Project AreaStreetsAutauga Tax Parcels 0 500250 Feet Locations are approximate Zoning Map - 838 Heather Drive DR A F T DR A F T DR A F T Page 1 of 5 Board of Zoning Adjustment Staff Report Variance 210810-04 MEETING DATE: August 10, 2021 PETITIONER: Jennifer Santelli PROPERTY OWNER: Jim McWilliams SUBJECT SITE: NW Corner of Old Farm Lane and Fairview Avenue Intersection REQUEST: Variance – To reduce the number of parking stalls required by Ordinance CURRENT ZONING: B-4 Highway Commercial LOCATION: NW Corner of Old Farm Lane and Fairview Avenue Intersection SURROUNDING LAND North: Undeveloped (B-4/FAR) USES AND ZONING: South: Shopping Center / Gas Station (FAR) East: Auto Dealership (B-4) West: Undeveloped (B-4) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. Variance Request to: a. Reduce the number of parking stalls from 125 required by Ordinance to 93 parking stalls (Art. 11; Section 1 – Business Parking Requirements) ZONING ORDINANCE REFERENCED: Article 11 – Parking Requirements Section 1. Parking Required Article 11, City of Prattville Parking Requirements Restaurants, Bars or similar places for the consumption of food and/or drink on the premises One space per fifty (50) square feet of floor area or one space per forty (40) square feet of gross floor area for fast food restaurants or one space per twenty-five (25) square feet of gross floor area for drive-in restaurants. 4,970 sqft / 40 sqft = 125 Required Parking Spaces DR A F T Page 2 of 5 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 5 STATEMENT OF HARDSHIP FROM APPLICANT: Parking Variance “Chick-fil-A is proposing a 4,970 SF restaurant with a drive-through, associated parking, drives, and utilities on a ± 2.13-acre site at the northwest corner of Fairview Avenue and Old Farm Lane. The site is zoned Highway Commercial District (B-4), which requires 1 parking space per 40 square feet of Gross Floor Area as per Article 11, Section 1 of the Zoning Amendment. The proposed site provides 93 parking spaces, which is 32 spaces less than the 125 spaces required. With the increasing popularity of Chick-fil-A drive-throughs, there is need for higher capacity drive-throughs to avoid queue spillover onto nearby roads. To provide efficient drive-through operations, Chick-fil-A provides two drive-through lanes and two canopies that allow simultaneous order and pick up points. The drive-through proposed for this location complies with this design and accommodates a 51-car stack, in addition to 93 parking spaces. Chick-fil-A’s standard for adequate parking is generally around 70-80 spaces for a 112-seat restaurant. Chick-fil-A is requesting relief to reduce the number of parking spaces from 125 to 93 spaces to maximize drive-through efficiency. Chick-fil-A believes this reduction will still provide adequate parking facilities as 93 spaces exceeds their minimum parking standards.” ANAYLSIS/EVALUATION: A freestanding restaurant is being proposed on an undeveloped 2.13 acre lot at the northwest corner of Fairview Avenue and Old Farm Lane. The proposed restaurant will be located in a B-4 Highway Commercial Zoning District that does permit this use by right. Within the applicant’s submittal, the proposed restaurant building will have a gross floor area of 4,970 sq. ft., thus requiring 125 parking stalls as referenced in Article 11, Parking Requirements. The applicant is seeking relief from this parking requirement by a reduction of 32 parking stalls with an overall proposal of 93 stalls. This request violates Article 11: Section 1 of the City of Prattville Zoning Ordinance and requires a variance in order for a permit to be issued. DR A F T Page 4 of 5 NW Corner of Fairview Avenue and Old Farm Lane - Existing DR A F T Page 5 of 5 NW Corner of Fairview Avenue and Old Farm Lane Site Plan – Proposed Structure and Parking DR A F T OL D F A R M L N N FAIRVI E W A V E ±Legend AdDress_Points_A Project AreaStreetsPrattville City Limit Autauga Tax Parcels 0 250125 Feet Locations are approximate Aerial Map - Laney Property 1A DR A F T 541 698 290 650 268 676678 697 521 518516 523521519 517 416 679 677668 238246254 695697 685 691 699 690 692 105 103 106 266272274 640 262 250 224 258 205 791793 789 261203 410 515 513 511 509 507 505 503501 514 512 510 508 506 504502 549547545543541539 537 535 533 531544542540538536534532 529527 523521 517515 511509 505503 530528 524 520 516 512 508 504 696694692690686 674 693695 102 688 791 797 104 698 639 102 418 420 419 431 423 410P 2091 1844 2004 1789 2054 2099 1540 1538 20562076204820462044 208020822084 208820902092 1976 1799 1801 1805 1817 1850 1852 18461798 2002 19961988 2000 2098 695 A 1848 A OL D F A R M L N N FAIRVIEW AVE OLD FARM WY OLD R I D G E R D N MA L W E S T D R SU M M I T P K W Y I 6 5 S BOAR D R O O M D R BUSI N E S S P A R K D R MC Q U E E N S M I T H R D N JOSIE RUN I 65 S O N R A M P INT E R S T A T E C T CO V E R E D B R I D G E P K W Y INT E R S T A T E C O M M E R C I A L P A R K L P ±Legend AdDress_Points_AProject AreaStreets Autauga Tax Parcels 0 1,000500 Feet Locations are approximate Location Map - Laney Property 1A DR A F T 541 698 290 650 268 676678 697 521 518516 523521519 517 416 679 677668 238246254 695697 685 691 699 690 692 105 103 106 266272274 640 262 250 224 258 205 791793 789 261203 410 515 513 511 509 507 505 503501 514 512 510 508 506 504502 549547545543541539 537 535 533 531544542540538536534532 529527 523521 517515 511509 505503 530528 524 520 516 512 508 504 696694692690686 674 693695 102 688 791 797 104 698 639 102 418 420 419 431 423 410P 2091 1844 2004 1789 2054 2099 1540 1538 20562076204820462044 208020822084 208820902092 1976 1799 1801 1805 1817 1850 1852 18461798 2002 19961988 2000 2098 695 A 1848 A OL D F A R M L N N FAIRVIEW AVE OLD FARM WY OLD R I D G E R D N MA L W E S T D R SU M M I T P K W Y I 6 5 S BOAR D R O O M D R BUSI N E S S P A R K D R MC Q U E E N S M I T H R D N JOSIE RUN I 65 S O N R A M P INT E R S T A T E C T CO V E R E D B R I D G E P K W Y INT E R S T A T E C O M M E R C I A L P A R K L P B-4 B-4 B-2 F.A.R. R-5 B-2 B-2 O-1 B-2 B-2 R-2 F.A.R. R-4 F.A.R. B-2 B-4 F.A.R. B-4B-2 R-4 B-2 B-2 F.A.R. F.A.R. ±Legend AdDress_Points_AProject AreaStreets Autauga Tax Parcels 0 1,000500 Feet Locations are approximate Zoning Map - Laney Property 1A DR A F T T T T T T T T T T T T T T T T T T T T T T T FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO W W W W W W W W W W W W W W W W FO FO FO FO FO FO FO FO FO FO FO FO FO FO FO OLD FARM LAN E (120' PUBLIC R/W) ASPHALT ROAD W A Y 18 " R C P 18"RCP 18" R C P 18" R C P 18 " R C P JB=406.06' IE=402.40'(IN ) IE=400.95'(OU T ) CB=406.42' IE=402.79'(A) IE=402.71'(B) IE=402.68' (A) (B) CB=407.20' IE=403.43' IE=403.60' TOP OF STORM MH=406.06' TBM POB FOC VAUL T FO C VA U L T 12 " P E A R N/F LANEY PROPERT I E S PORTION OF PID# 19-01-01-1-00 0 - 0 0 1 . 0 0 (DB. 592, PG. 43 4 ) N/F LANEY PROPER T I E S PID# 19-01-01-1-0 0 0 - 0 0 1 . 0 0 (DB. 592, PG. 43 4 ) N/F LANEY PROPER T I E S PID# 19-01-01-1-0 0 0 - 0 0 1 . 0 0 (DB. 592, PG. 43 4 ) W W W W W W W W W W W W W W W T P1 3 - L E - L A R G E 4, 9 4 7 S . F . 94 S E A T S - 9 4 P A R K S 55 C A R S T A C K FF E : X X X . X X ' 24 ' 18 ' 18 ' 18 ' 24 ' 18 ' 18 ' 24 ' 24' 30' 3 0 ' 30 ' 2 0 ' 24 ' 12 ' 10 ' 18 18 21 14 8 10 5 PROPERTY LINE PARKING COUNT SITE DATA TABLE SITE NAME: CFA PRATVILE ADDRESS: 2002 AL-14, PRATVILLE, AL 36066 PARCEL NUMBER: 19 01 01 1 000 001.000 JURISDICTION: CITY OF PRATVILLE ZONING DESIGNATION: CITY OF PRATVILLE PLANNING AND DEVELOPMENT DEPARTMENT PROPOSED PARCEL SIZE: ± 2.20 ACRES PARKING: REQUIRED: 1 SPACE FOR EVERY N/A SF FLOOR AREA = 103 SPACES PROPOSED: STANDARD (9'X18') = 90 ADA SPACE (8'X18')= 4 TOTAL = 94 SETBACKS:BUILDING BUFFER SOUTH 50' WEST 20' 10' EAST 50' NORTH 75' Bo w m a n C o n s u l t i n g G r o u p , L t d . ww w . b o w m a n c o n s u l t i n g . c o m © B o w m a n C o n s u l t i n g G r o u p , L t d . 95 0 N o r t h P o i n t P k w y Su i t e 2 0 0 Alp h a r e t t a , G A 3 0 0 0 5 Ph o n e : ( 4 7 0 ) 2 0 6 - 8 0 3 0 CF A P R A T T V I L L E , A L NW C O F A L - 1 4 / F A I R W A Y A V E A N D O L D F A R M L A N E Ce r t i f i c a t e o f A u t h o r i z a t i o n L i c e n s e N o . 4 5 2 3 1.0 1" = 40' Scale: 1"=40' 400 CHKD VERSION SCALE DRAWNDSGN 1 22 . 3 5 ' 59.79' 65.92' 40 . 9 3 'DR A F T DR A F T DR A F T