2112 December 14 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 December 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: None
New Business: 1. 211214-01 VARIANCE: To allow residential (duplex) use in a B-2 Zoning District
148 1st Street B-2 (General Business)
Nelson Vincent, Petitioner
Public Hearing District 1
Minutes: November 9, 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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City of Prattville Board of Zoning Adjustment 1 Minutes 2 November 9, 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 4:01 p.m. on Tuesday, November 9, 2021. 8 9 ROLL CALL: 10 The secretary called the roll. Members present were Vice Chairman Billy Barrett, Mr. Jerry Crosby, and 11
Ms. Sarah Johnson. Also present was supernumerary member Mr. Neal Parker. Chairman Charles Knapp, 12 Mr. Greg Duke, and supernumerary member Mr. Michael Whaley were absent. 13 14
Quorum Present 15 16 Staff present were 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 Mr. Stephens informed the Board of the Planning Commission’s efforts in rewriting the Zoning 24 Ordinance and the section of the Zoning Ordinance affecting the BZA. He informed them of the 25 scheduled work session to be held at the Doster Center on November 10, 2021 at 2:00 p.m. 26 27 OLD BUSINESS: 28 There was no old business to discuss. 29 30 NEW BUSINESS: 31 VARIANCE 32 Setback Requirements-Front yard encroachment 33 260 Wetumpka Street 34 R-2 (Single Family Residential) 35 Christine & Kevin Cash, Petitioners 36 37
Mr. Rigsby introduced the variance request for an encroachment into the Northington Street side yard for 38 property located at 260 Wetumpka Street. The setback for the side yard is 35’ because of the corner lot 39 has two front yards setback. He stated that the proposed addition will encroach 23’ into the secondary 40 front setback (side yard) leaving 12’ from the property line. He stated that the main structure was built 41 prior to adoption of the zoning ordinance setback requirements. 42 43 Kevin Cash, petitioner, stated that the addition is for living space and office space. He stated that the 44 structure will be built within 2’ of the layout of the existing house. 45 46 Vice-Chairman Barrett opened the floor for public comments. There were none. The public hearing was 47 closed. 48
49 Vice-Chairman Barrett opened the discussion for the Board. After their discussion, the vote was called. 50 Mr. Crosby moved to establish the findings of fact stating that 1) granting of a variance is in harmony 51
with the intent and purposes of the zoning ordinance; 2) that a variance will not adversely affect the 52 surrounding property, the general neighborhood, or the community as a whole; and 3) that the special 53 conditions and circumstances do not result from actions of the applicant (self-imposed hardship). Mr. 54
Parker seconded the motion. The motion to approve the findings of fact passed unanimously. 55
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56 After no further discussion, the vote was called. Mr. Crosby moved to approve the request based on the 57 approved findings of fact. Ms. Johnson seconded the motion. Mr. Parker moved to amend the motion to 58 approve stipulating that the structure is to be constructed within a minimum of 2’ of the footprint of the 59 existing house on the eastern side (N. Northington St). The amended motion to approve passed 60 unanimously. 61 62 USE-ON-APPEAL 63 Home Occupation-Lawn Service 64 104 Noccalula Court 65 FAR (Forest, Agricultural, Recreational) 66 Stephen Ellis, Petitioner 67 68 Mr. Rigsby introduced the use-on-appeal request for a home occupation for a lawn care business on 69
property located at 104 Noccalula Court. He stated that the petitioner proposes one mower and one trailer 70 for the business use. 71 72
Stephen Ellis, petitioner, presented the use-on-appeal request for a lawn care business on property located 73 at 104 Noccalula Court. He stated that he is the sole owner/worker and has no plans for additional 74 employees. He stated that his equipment would be properly stored in a trailer parked in the garage. 75 76 Vice-Chairman Barrett opened the floor for public comments. There were none. The public hearing was 77 closed. 78 79 Vice-Chairman Barrett opened discussion for the Board. After their discussion, the vote was called. Ms. 80 Johnson moved to establish the findings of fact stating that 1) the proposed home occupation is an 81 allowable use-on-appeal, and is not a prohibited use in a FAR; 2) development of the proposed use is in 82 the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the proposed use 83 will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Crosby seconded 84 the motion. The motion to approve the findings of fact passed unanimously. 85 86
After no further discussion, the vote was called. Mr. Parker moved to approve the request as submitted 87 based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed 88 unanimously. 89
90 USE-ON-APPEAL 91 Special Use-To allow residential use in a B-2 Zoning District 92 148 1st Street 93 B-2 (General Business) 94 Nelson Vincent, Petitioner 95 96 The petition was withdrawn at the petitioner’s request. 97 98
MINUTES: 99 Mr. Crosby moved to approve the minutes of the September 14, 2021 regular meeting. Ms. Johnson 100 seconded the motion. The motion to approve passed unanimously. 101 102 MISCELLANEOUS: 103 104 ADJOURN: 105 After no further comments, questions, or discussion the meeting was adjourned at 4:31p.m. 106
107 Respectfully submitted, 108
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109 110 111 112 Alisa Morgan, Secretary 113 Board of Zoning Adjustment 114
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Board of Zoning Adjustment
Staff Report
December 14, 2021
Nelson Vincent
Nelson Vincent
148 1st Street
To allow a residential structure (duplex) use in a B-2 zoning district
B-2 (General-Business)
148 1st Street
North: B-2 (General-Business)
Variance 211214-01
MEETING DATE:
PETITIONER:
PROPERTY OWNER:
SUBJECT SITE:
REQUEST:
CURRENT ZONING:
LOCATION:
SURROUNDING LAND
USES AND ZONING: South: B-2 (General-Business) East: B-2 (General-Business)
West: B-2 (General-Business)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1.Variance request to allow residential structure (duplex) use in a B-2 (General-Business) Zoning District
ZONING ORDINANCE REFERENCED
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 is 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.
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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 the 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 nonconforming 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 the said district;
9. The variance requested is the minimum adjustment necessary to enable the legal use of the land,
building, or structure.
ANALYSIS/EVALUATION:
The applicant is requesting to construct a residential structure (duplex) in a B-2 (General-Business) district. Suite A
(1st floor) will be 1575 sq. ft. and Suite B (2nd floor) will be 2290 sq. ft. for a combined total of 3865 sq. ft home. Suite A shall be a 2 bedroom 2 ½ bathroom apartment while Suite B will be a 3 bedroom 2 ½ bathrooms. The dwelling will have separate access for both dwelling units.
The applicant will be utilizing the City of Prattville Zoning Ordinance Article 3 (Board of Zoning Adjustment) Section 36 (Variances). The Planning Department is recommending if the variance is granted that the petitioner utilizes R-3 (single-family)
district requirements for setbacks, space, and height. This would be consistent with a Use-on-Appeal to construct a residential dwelling in a general business district.
MINIMUM YARD SIZE:
Front Yard: 25 feet;
Rear Yard: 30 feet;
Side Yard: 8 feet one side; 6 feet on the other side.
Minimum lot size: Area in Square Feet: Single-family dwellings: 7,500
Width at Building Line: Single dwellings 60 feet.
Maximum height: 35 feet 3 stories.
Maximum building area percent: 35%
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Aerial Map - 148 1st Street
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Zoning Map - 148 1st Street
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