2109 September 14 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 September 14, 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: 1.210810-04 VARIANCE:Parking Spaces-Reduce the number of required parking spaces Landscape Requirements-Reduce the landscape requirements North of Fairview Ave and west of Old Farm Lane B-4 (Highway Commercial)Jennifer Santelli, Petitioner
Held Public Hearing
District 3
New Business: 2. 210914-01 USE-ON-APPEAL:Home Occupation-On-site Fitness (Martial Arts) 312 Sydney Drive S R-3 (Single Family Residential)Argelio Chappotin III, Petitioner
Public Hearing
District 3
3. 210914-02 USE-ON-APPEAL:Home Occupation-On-site Salon or Home daycare 317 Janice Street R-2 (Single Family Residential)Mary Ballard, Petitioner
Public Hearing
District 5
4.2100914-03 VARIANCE:Setback Requirements-Reduce the rear yard setback requirements 422 Pratt Street R-3 (Single Family Residential)Carol Meeks and Stephanie Anderson, Petitioners
Public Hearing
District 1
Minutes: August 10, 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.
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Board of Zoning Adjustment
Staff Report
Variance 210810-04
MEETING DATE: September 14, 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 77 parking stalls
(Art. 11; Section 1 – Business Parking Requirements)
b. Reduce or eliminate required landscaping buffers
(Art. 13; Section 145. - General site and off-street parking area landscaping requirements.)
i. Reduce Frontage landscaping along Old Farm Lane
ii. Eliminate Frontage landscaping berm along Fairview Avenue
iii. Eliminate Foundation planting requirements along front of building
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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
Article 13. – Site and Off-Street Parking Area Landscaping Requirements
Section 145. - General site and off-street parking area landscaping requirements.
Landscaping of development sites and off-street parking areas shall be of four (4) types as described below and shall
conform to landscape plans submitted and approved in accordance with the requirements of this section.
(a) Frontage landscaping and foundation planting requirements. Frontage landscaping shall require a
landscaped strip with a minimum ten-foot depth along all adjacent public rights-of-way. Frontage
landscaping shall include a minimum of one (1) tree and six (6) shrubs per full forty (40) linear feet of the
frontage strip; shrubs are optional in areas where a berm at least four (4) feet in height is used, Trees and
shrubs shall be well distributed, though not necessarily evenly spaced.
A lot with less than one hundred fifty (150) feet frontage and adjacent to a right-of-way shall have a frontage strip
depth of ten (10) feet; a lot with one hundred fifty (150) feet to two hundred fifty (250) feet frontage shall have a
frontage strip depth of twenty (20) feet; a lot with over two hundred fifty (250) feet frontage shall have a
frontage strip depth of thirty (30) feet
For developments of two (2) or more acres with frontage of to two hundred fifty (250) feet or more, the
frontage strip shall be bermed in order to minimize the visual impact of the off-street parking area, unless
the Administrator determines that the natural topography does not require site to be bermed. The berm shall not
have a slope of greater than one (1) foot of rise per three (3) feet of run, and shall not be less than four (4) feet in
height at its apex. Landscaping of bermed perimeter strips shall be in accordance with all requirements as outlined
in this section
Frontage landscaping, at driveways and street intersections, shall have an area of visibility between the heights of
two and one-half (2.5) feet and 6 feet above the street grade to afford a clear line of sight in the interest of
vehicular traffic safety. This area at street intersections is a visibility triangle as defined in this Section 133.
Foundation planting shall require a landscaped bed with a minimum depth of five (5) feet along the front of
the primary structure. The bed shall contain shrubs, or other greenery with a minimum height of twenty-three
(23) inches and a maximum spacing of four (4) feet. Greenery shall be planted within a bed of mulch or ground
cover other than turf grass, and be protected by some barrier from damage by vehicles and maintenance
equipment. Greenery shall be well distributed through not necessarily evenly spaced.
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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.
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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 77 parking spaces, which is 48 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 77 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 77 spaces to maximize drive-through
efficiency. Chick-fil-A believes this reduction will still provide adequate parking facilities as 77 spaces exceeds their
minimum parking standards.”
Landscaping 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. Landscape requirements are provided in
the City of Prattville Code of Ordinances, Part II Land Development Ordinances, Appendix A, Article 13, Section 145
General Site and Off-site Street Parking Area Landscape Requirements. Applicant is seeking the following variances:
1. Applicant is seeking partial relief from frontage landscaping buffer at Old Farm Lane.
Site frontage length along Old Farm Lane is 407 feet. City Ordinance requires a frontage buffer of 30 feet in
width, since the overall site is larger than 2 acres and the length of frontage exceeds 250 feet. Not including
buffer area shared with frontage buffer along Fairview Avenue, the total buffer area required along Old
Farm Lane equates to 864 square feet.
Applicant is providing a minimum buffer width of 15 feet along Old Farm Lane. The overall buffer increases
to greater than 30 feet in two areas and will provide 882 square feet of landscape area.
Applicant will, at a minimum, meet full planting requirement of one tree and six shrubs per 40 linear feet of
frontage.
City Ordinance requires a 4 feet high berm with 3:1 slope along frontages greater than 250 feet in length for
sites greater than 2 acres.
Since the berm width is less than 24 feet in areas, a 3:1 slope to a 4 feet high berm is physically unattainable.
Applicant proposes that extra buffer area provided be used to exceed planting material requirements and
negate the need for a raised berm.
2. Applicant is seeking relief from frontage landscape berm requirement along Fairview Avenue.
Site frontage length along Fairview Avenue is 277 feet. City Ordinance requires a 4 feet high berm with 3:1
slope along frontages greater than 250 feet in length for sites greater than 2 acres.
Applicant is providing required buffer width along Fairview Avenue, but is requesting relief from berm
requirement since shallow stormwater outfall prohibits underground detention. Stormwater detention is
proposed via two narrow ponds located in Fairview
Avenue frontage buffer, as well as along west side of site. Applicant will provide minimum detention
necessary in Fairview Avenue buffer and meet overall planting requirements.
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3. Applicant is seeking relief from foundation planting.
A five feet wide foundation planting bed is required by City Ordinance at the front of the building.
Chick-fil-A’s standard building prototype footings prohibit planting beds located adjacent to the building.
Additionally, Chick-fil-A, as well as other fast-food restaurants, seek to locate planting areas as far from
entries as possible, to minimize pest entry to the building.
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 48 parking stalls with an overall proposal of 77 stalls.
Additionally, the applicant is requesting relief from various landscaping ordinance requirements as referenced in Article
13. – Site and Off-Street Parking Area Landscaping Requirements. Applicant is requesting:
1. Relief from the required 30’ frontage landscaping buffer along Old Farm Lane
2. Relief from the required berm along Fairview Avenue, and
3. Relief from the required 5’ foundation landscaping along the front of the building.
This request violates Article 11: Section 1 and Article 13: Section 145 of the City of Prattville Zoning Ordinance
and requires a variance in order for a permit to be issued.
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NW Corner of Fairview Avenue and Old Farm Lane - Existing
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Page 7 of 7
NW Corner of Fairview Avenue and Old Farm Lane Site Plan – Proposed Structure and Parking
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Location Map - Laney Property 1A
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541
698
290
650 268
676678
697
521
518516
523521519 517
416
679 677668
238246254
695697
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266272274
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250 224
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791793
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261203
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507
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503501
514
512
510
508
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504502
549547545543541539 537 535
533
531544542540538536534532
529527
523521
517515
511509
505503
530528
524
520
516
512
508
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696694692690686
674
693695
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791
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104
698
639
102
418
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431
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410P
2091
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2004
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Zoning Map - Laney Property 1A
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Chick-fil-A Prattville
NWC of Fairview Avenue and Old Farm Lane, Prattville, Alabama 36066
Required Parking Variance Circumstances
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 77 parking spaces, which is 48 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 55-car stack, in addition to 77 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 77 spaces to
maximize drive-through efficiency. Chick-fil-A believes this reduction will still provide adequate
parking facilities as 77 spaces meets their minimum parking standards.
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Chick-fil-A Prattville
NWC of Fairview Avenue and Old Farm Lane, Prattville, Alabama 36066
Landscape Variances
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. Landscape requirements are provided in the City of Prattville Code of Ordinances, Part II
Land Development Ordinances, Appendix A, Article 13, Section 145 General Site and Off-site
Street Parking Area Landscape Requirements. Applicant is seeking the following variances:
1. Applicant is seeking partial relief from frontage landscaping buffer at Old Farm Lane.
Site frontage length along Old Farm Lane is 407 feet. City Ordinance requires a frontage
buffer of 30 feet in width, since the overall site is larger than 2 acres and the length of
frontage exceeds 250 feet. Not including buffer area shared with frontage buffer along
Fairview Avenue, the total buffer area required along Old Farm Lane equates to 864
square feet.
Applicant is providing a minimum buffer width of 15 feet along Old Farm Lane. The
overall buffer increases to greater than 30 feet in two areas and will provide 882 square
feet of landscape area.
Applicant will, at a minimum, meet full planting requirement of one tree and six shrubs
per 40 linear feet of frontage.
City Ordinance requires a 4 feet high berm with 3:1 slope along frontages greater than
250 feet in length for sites greater than 2 acres.
Since the berm width is less than 24 feet in areas, a 3:1 slope to a 4 feet high berm is
physically unattainable. Applicant proposes that extra buffer area provided be used to
exceed planting material requirements and negate the need for a raised berm.
2. Applicant is seeking relief from frontage landscape berm requirement along Fairview
Avenue.
Site frontage length along Fairview Avenue is 277 feet. City Ordinance requires a 4 feet
high berm with 3:1 slope along frontages greater than 250 feet in length for sites
greater than 2 acres.
Applicant is providing required buffer width along Fairview Avenue, but is requesting
relief from berm requirement since shallow stormwater outfall prohibits underground
detention. Stormwater detention is proposed via two narrow ponds located in Fairview
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Avenue frontage buffer, as well as along west side of site. Applicant will provide
minimum detention necessary in Fairview Avenue buffer and meet overall planting
requirements.
3. Applicant is seeking relief from foundation planting.
A five feet wide foundation planting bed is required by City Ordinance at the front of the
building.
Chick-fil-A’s standard building prototype footings prohibit planting beds located
adjacent to the building. Additionally, Chick-fil-A, as well as other fast-food restaurants,
seek to locate planting areas as far from entries as possible, to minimize pest entry to
the building.
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Board of Zoning Adjustment
Staff Report
Use On Appeal 210914-01
MEETING DATE: September 14, 2021
PETITIONER: Argelio Chappotin III
PROPERTY OWNER: Argelio Chappotin III
SUBJECT SITE: 312 Sydney Drive S.
REQUEST: To operate an On-site Fitness (Martial Arts)
CURRENT ZONING: R-3 Single-Residential
LOCATION: Glennbrook Subdivision
SURROUNDING LAND North: Single-Family Residential (R-3)
USES AND ZONING: South: Single-Family Residential (R-2)
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 an On-site Fitness (Martial Arts)
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 on-site fitness 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?
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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:
For services involving clients coming to the home, no more than two clients may be on the premises at any time, and no
more than ten clients visiting the home on any day. The number may be reduced by the Board of Zoning Adjustments.
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Aerial Map - 312 Sydney Drive
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Location Map - 312 Sydney Drive
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Zoning Map - 312 Sydney Drive
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Board of Zoning Adjustment
Staff Report
Use On Appeal 210914-02
MEETING DATE: September 14, 2021
PETITIONER: Mary E. Ballard
PROPERTY OWNER: Mary E. Ballard
SUBJECT SITE: 317 Janice Street
REQUEST: To operate a Salon or Home Daycare Facility
CURRENT ZONING: R-2 Residential
LOCATION: Overlook 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 REQUEST:
1. Use on appeal in order to operate a SALON or HOME DAY CARE FACILITY out of a single-family
residence
Information about Subject Property
a. Subject property is approximately 0.24 acres
b. Subject property is enclosed with a 6’ wooden privacy fence
c. Subject property is approximately 1,621 square feet, per tax records
d. Subject property is 4 bedrooms, 2 bathrooms
e. Subject property does not have a garage
f. Subject property has a relatively large accessory structure semi-attached to rear of primary structure
i. Structure is approximately 500 square feet.
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ZONING ORDINANCE REFERENCED:
Salon
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 cosmetology is listed specifically as a Tier
2 use.
(2)Tier 2 Home Occupations require use-on-appeal approval from the Board of Adjustment. Examples of Tier 2
home occupations include, but are not limited to: lawn care or landscaping businesses, home maintenance, on-
site music instruction, on-site tutoring, professional offices involving client visits, small engine repair,
cosmetology, animal grooming, any use involving guns or weapons of any kind, any home occupation employing
someone not living at the home. Tier 1 home occupations that are unable to meet one or more of the criteria
listed in (1), and other activities which the City Planner determines to be substantially similar in character,
nature, intensity, or impact to these.
ANAYLSIS/EVALUATION:
Salon
The Board should make the following determinations:
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?
The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance.
Cosmetology is an allowable Tier 2 Home Occupation, 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.
The following are suggested questions, additional information, and/or conditions that may be considered by the BZA:
1. Ingress/egress to property – how will the salon customers access the salon?
2. Parking – Where will cars and other vehicles be parked? Off street, on street? How many at a time? A suggested
condition on this request would be to set a maximum number of vehicles to be parked at any one time (including
residents’ vehicles)
3. Number of children served – how many total customers will be served at this location? A suggested condition on
this request would be to set a maximum number of customers to be on-site or served at any time.
4. Where will the salon be located within the property?
5. Time – During what hours will the proposed salon operate? A suggested condition would be to set acceptable
operating hours.
The petitioner should be aware that no more than two clients may be on the premises at any time, and no more than ten
clients visiting the home on any day.
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ZONING ORDINANCE REFERENCED:
Day Care Center
Additionally, Section 71 – Residential District addresses uses allowed in residential districts. Day Care Centers are
explicitly listed as a Use Permitted on Appeal in All “R” Districts.
Section 71 – Residential district requirements [abbreviated]
District Use Regulations
All “R” Districts USES PERMITTED ON APPEAL: Public utility structures, such as electric
substations, gas metering stations, sewage pumping stations and similar
structures; general hospitals for humans, except primarily for mental cases;
churches; cemeteries; semi-public buildings; golf courses; municipal, county,
state or federal use; kindergartens, nurseries, nursery schools, day care
centers, private schools; and satellite dishes or discs, not defined herein.
ANAYLSIS/EVALUATION:
Day Care Center
The Board should make the following determinations:
4. 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.
5. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of Prattville
Zoning Ordinance?
The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. A
Day Care Center is specifically listed as a use permitted on appeal (§69.1) in the Zoning Ordinance.
6. 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.
The following are suggested questions, additional information, and/or conditions that may be considered by the BZA:
2. Ingress/egress to property – how will the day care center be accessed for parents dropping off/picking up children
3. Parking – where will cars and other vehicles be parked? Off street, on street? How many at a time? A suggested
condition on this request would be to set a maximum number of vehicles to be parked at any one time (including
residents’ vehicles)
4. Number of children served – how many total children will be served at this location? A suggested condition on
this request would be to set a maximum number of children to be on-site or served at any time.
5. Outdoor activities – will any outdoor activities take place as part of the proposed day care business? Where,
when, and what type would take place?
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6. Time – during what hours would the proposed day care operate? A suggested condition would be to set
acceptable operating hours.
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.
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317 Janice Street - Front
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317 Janice Street - Overhead
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Board of Zoning Adjustment
Staff Report
Variance 2100914-03
MEETING DATE: September 14, 2021
PETITIONER: Carol Meeks & Stephanie Anderson
PROPERTY OWNER: Carol Meeks & Stephanie Anderson
SUBJECT SITE: 422 Pratt Street
REQUEST: Setback Requirements- Reduce 30’ rear yard setback
CURRENT ZONING: R-3 (Single-Family Residential)
LOCATION: 422 Pratt Street
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: January 17, 1984, variance to operate a dance studio in a residential area.
Conditions of Previous Approval: Approved
DESCRIPTION OF VARIANCE REQUEST:
1. A variance has been requested for a proposed building that will encroach into the 30’ rear setback by 23.9’.
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: 25 feet;
Rear Yard: 30 feet;
Side Yard: 6 ft & 8ft
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.
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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:
The applicant is proposing to construct a new 1,280 square foot building with similar materials to the existing structure. It
will also have a rolling door. The applicant is requesting a variance of 23.9ft. The structure will be slightly slanted so the
proposed setback will be 6.5 on one and 6.1 on the other side.
PLANNING STAFF EVALUATION:
Reviewed by: Tommie Williams, Planner
Applicant’s Hardship: Mann Dance Studio has operated in this location since 1952. It is an historical part of the Prattville c
community. As the business has grown it has become a challenge to adequately serve the community in
the current space. It is the Studio’s desire, to continue allowing the people that once took dance at this
studio to continue to bring their children and their children and son on. With the growth of the dance
studio, the new building would help continue that tradition, by allowing more dance class space.
.
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.
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Prattville Board of Zoning Adjustment August 10, 2021 Minutes Page 1 of 3
City of Prattville Board of Zoning Adjustment 1 Minutes 2 August 10, 2021 3 4 5 CALL TO ORDER: 6 The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice-7 Chairman Billy Barrett at 4:10 p.m. on Tuesday, August 10, 2021. 8 9 ROLL CALL: 10 The secretary called the roll. Members present: Vice Chairman Billy Barrett, Mr. Jerry Crosby and Ms. 11
Sarah Johnson. Members absent: Chairman Charles Knapp and Mr. Greg Duke. Also present were 12 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 Vice-Chairman Barrett 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 care business 31 237 Primrose Drive 32 R-2 (Single Family Residential) 33 Douglas Cowling, Petitioner 34 35 Mr. Williams introduced the use-on-appeal request for a home occupation to allow a lawn care 36 business on property located at 237 Primrose Drive. 37
38 Douglas Cowling, petitioner, presented the use-on-appeal request for a home occupation of a lawn care 39 business. He stated that his equipment would be stored in the existing storage building in the fenced 40 back yard. He stated that there are no plans to expand the business with additional employees. 41 42 Vice-Chairman Barrett opened the floor for public comments. There were none. The public hearing 43 was closed. 44 45 Vice-Chairman Barrett opened discussion for the Board. After their discussion, the vote was called. 46 Mr. Parker moved to establish the findings of fact stating that 1) the proposed home occupation is an 47 allowable use-on-appeal, and is not a prohibited use in a R-2 district; 2) development of the proposed 48
use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the 49 proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. 50 Crosby seconded the motion. The motion to approve the findings of fact passed unanimously. 51
52 After no further discussion, the vote was called. Mr. Parker moved to approve the request based on the 53 approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed 54
unanimously. 55
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56 VARIANCE 57 Alteration-Room addition encroaching into the rear yard setback. 58 304 High Pointe Ridge 59 R-2 (Single Family Residential) 60 Kevin Beacom, Petitioner 61 62 Mr. Rigsby introduced the variance request for the addition encroaching into the rear yard setback on 63 property located at 304 High Pointe Ridge. He stated that the existing patio cover is encroaching into 64 the rear yard setback. The proposed addition will extend 15’ on each side of the current patio cover. 65 He stated that the petitioner is requesting an 8’ encroachment. 66
67 Kevin Beacom, petitioner, presented the variance request for an encroachment into the rear yard 68 setback on property located at 304 High Pointe Ridge. He stated that the existing patio cover was 69
installed during the same time that the pool was installed in 2011, but not by the same contractor. He 70 stated that the patio cover will only extend on both sides and not the rear. 71 72
Vice-Chairman Barrett opened the floor for public comments. Gerald Nix, 501 Ambrose Lane, spoke 73 in opposition to the request. He submitted a letter prior to the meeting detailing his objections. (Letter 74 attached and made a part of the minutes). After no further comments, the public hearing was closed. 75 76 Vice-Chairman Barrett opened discussion for the Board. After their discussion, the vote was called. 77 Mr. Crosby moved to establish the findings of fact stating that 1) granting of a variance will not confer 78 a special privilege on the applicant that is denied by this ordinance to other lands, structures, or 79 buildings in the same district; and 2) that a variance will not adversely affect the surrounding property, 80 the general neighborhood, or the community as a whole. Ms. Johnson seconded the motion. The 81 motion to approve passed by 4/1 vote as recorded. Favor: Mr. Crosby, Ms. Johnson, Chief Whaley, 82 and Vice-Chairman Barrett. Oppose: Mr. Parker. 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 by 4/1 vote as recorded. Favor: Mr. Crosby, Ms. Johnson, Chief Whaley, and Vice-87 Chairman Barrett. Oppose: Mr. Parker. 88 89
VARIANCE 90 Accessory Structure-Vary from the required material. 91 838 Heather Drive 92 R-3 (Single Family Residential) 93 Ricky Smith, Petitioner 94 95 Mr. Williams introduced the variance request to allow an accessory structure to vary from the required 96 material on property located at 838 Heather Drive. He stated that the proposed structure is a 24’x30’ 97 metal building which violates Section 69.3(2)(e.) of the Zoning Ordinance that allows metal structure 98 no larger than 200 square feet. 99 100 Ricky Smith, petitioner, presented the request for a 24’x30’ metal accessory structure for property 101 located at 838 Heather Drive. He stated that a previous 10’x20’ structure was not large enough for his 102 use. He stated that a metal building is maintenance free and lumber prices are extremely high for a 103
wood structure. He also stated that the structure would have four windows and a roll up door. 104 105 Vice-Chairman Barrett opened the floor for public comments. Christine Stitt, 841 Heather Drive, 106
spoke in opposition to the request stating that the structure is too large for the lot and the large 107 structure would affect resale value for properties in the neighborhood. After no further comments, the 108 public hearing was closed. 109
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Vice-Chairman Barrett opened discussion for the Board. The Board discussed that the size of the 111 building was not in violation, only the material. After their discussion, the vote was called. Chief 112 Whaley moved to establish the findings of fact stating that 1) special conditions and circumstances do 113 not exist which are peculiar to the land, structure, or building involved and which are not applicable to 114 other lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the 115 zoning ordinance would not deprive the applicant of rights commonly enjoyed by other properties in 116 the same district under the terms of the zoning ordinance; 3) that the special conditions and 117 circumstances do result from actions of the applicant (self-imposed hardship); and 4) that granting of a 118 variance is not in harmony with the intent and purposes of the zoning ordinance. Mr. Crosby seconded 119 the motion. The motion to approve passed unanimously. 120 121
After no further discussion, the vote was called. Mr. Parker moved to approve the request as 122 submitted based on the approved findings of fact. Chief Whaley seconded the motion. The motion to 123 approve failed by a unanimous vote. 124
125 VARIANCE 126 Parking Spaces-Reduce from the required 125 spaces to a proposed 93 spaces 127 Setback Requirements-Reduce 50’ setback requirements 128 North of Fairview Ave and west of Old Farm Lane 129 B-4 (Highway Commercial) 130 Jennifer Santelli, Petitioner 131 132 Mr. Stephens reported that the petitioner has requested to postpone the hearing of the variance request 133 until the next meeting to allow them time to resubmit application with an additional request. 134 135 MINUTES: 136 Chief Whaley moved to approve the minutes of the July 13, 2021 regular meeting. Mr. Crosby seconded 137 the motion. The motion to approve passed unanimously. 138 139 MISCELLANEOUS: 140 141
ADJOURN: 142 After no further comments, questions, or discussion the meeting was adjourned at 5:13 p.m. 143 144
Respectfully submitted, 145 146 147
148 149 Alisa Morgan, Secretary 150 Board of Zoning Adjustment 151
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