2111 November 9 BZA102 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 November 9, 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: 1.211109-01 VARIANCE:Setback Requirements-Front yard encroachment
260 Wetumpka Street R-2 (Single Family Residential)
Christine & Kevin Cash, Petitioners
Public Hearing District 1
2.211109-02 USE-ON-APPEAL:Home Occupation-Lawn Service
104 Noccalula Court FAR (Forest, Agricultural, Recreational)
Stephen Ellis, Petitioner
Public Hearing District 1
3.211109-03 USE-ON-APPEAL:Special Use-To allow residential use in a B-2 Zoning District
148 1st Street B-2 (General Business)
Nelson Vincent, Petitioner
Public Hearing District 1
Minutes: September 14, 2021
Miscellaneous:
Adjourn:
Alabama Code Section 11-52-81 Board of adjustment - Appeals to circuit court from final decision of board of adjustment. Any party aggrieved by any final judgment or decision of such board of zoning adjustment may within 15 days thereafter appeal therefrom to the circuit court by filing with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of such appeal such board shall cause a transcript of the proceedings in the action to be certified to the court to which the appeal is taken, and the action in such court shall be tried de novo.
Approved 12/14/21
Prattville Board of Zoning Adjustment November 9, 2021 Minutes Page 1 of 3
City of Prattville Board of Zoning Adjustment Minutes November 9, 2021 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice-Chairman Billy Barrett at 4:01 p.m. on Tuesday, November 9, 2021. ROLL CALL: The secretary called the roll. Members present were Vice Chairman Billy Barrett, Mr. Jerry Crosby, and
Ms. Sarah Johnson. Also present was supernumerary member Mr. Neal Parker. Chairman Charles Knapp, Mr. Greg Duke, and supernumerary member Mr. Michael Whaley were absent.
Quorum Present Staff present were Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie
Williams, Planner; and Ms. Alisa Morgan, Secretary. Vice-Chairman Barrett stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure of the meeting. COMMITTEE REPORTS: Mr. Stephens informed the Board of the Planning Commission’s efforts in rewriting the Zoning Ordinance and the section of the Zoning Ordinance affecting the BZA. He informed them of the scheduled work session to be held at the Doster Center on November 10, 2021 at 2:00 p.m. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: VARIANCE Setback Requirements-Front yard encroachment 260 Wetumpka Street R-2 (Single Family Residential) Christine & Kevin Cash, Petitioners
Mr. Rigsby introduced the variance request for an encroachment into the Northington Street side yard for property located at 260 Wetumpka Street. The setback for the side yard is 35’ because of the corner lot has two front yards setback. He stated that the proposed addition will encroach 23’ into the secondary front setback (side yard) leaving 12’ from the property line. He stated that the main structure was built prior to adoption of the zoning ordinance setback requirements. Kevin Cash, petitioner, stated that the addition is for living space and office space. He stated that the structure will be built within 2’ of the layout of the existing house. Vice-Chairman Barrett opened the floor for public comments. There were none. The public hearing was closed.
Vice-Chairman Barrett opened the discussion for the Board. After their discussion, the vote was called. Mr. Crosby moved to establish the findings of fact stating that 1) granting of a variance is in harmony
with the intent and purposes of the zoning ordinance; 2) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole; and 3) that the special conditions and circumstances do not result from actions of the applicant (self-imposed hardship). Mr.
Parker seconded the motion. The motion to approve the findings of fact passed unanimously.
Approved 12/14/21
Prattville Board of Zoning Adjustment November 9, 2021 Minutes Page 2 of 3
After no further discussion, the vote was called. Mr. Crosby moved to approve the request based on the approved findings of fact. Ms. Johnson seconded the motion. Mr. Parker moved to amend the motion to approve stipulating that the structure is to be constructed within a minimum of 2’ of the footprint of the existing house on the eastern side (N. Northington St). The amended motion to approve passed unanimously. USE-ON-APPEAL Home Occupation-Lawn Service 104 Noccalula Court FAR (Forest, Agricultural, Recreational) Stephen Ellis, Petitioner Mr. Rigsby introduced the use-on-appeal request for a home occupation for a lawn care business on
property located at 104 Noccalula Court. He stated that the petitioner proposes one mower and one trailer for the business use.
Stephen Ellis, petitioner, presented the use-on-appeal request for a lawn care business on property located at 104 Noccalula Court. He stated that he is the sole owner/worker and has no plans for additional employees. He stated that his equipment would be properly stored in a trailer parked in the garage. Vice-Chairman Barrett opened the floor for public comments. There were none. The public hearing was closed. Vice-Chairman Barrett opened discussion for the Board. After their discussion, the vote was called. Ms. Johnson moved to establish the findings of fact stating that 1) the proposed home occupation is an allowable use-on-appeal, and is not a prohibited use in a FAR; 2) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the proposed use
will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Crosby seconded the motion. The motion to approve the findings of fact passed unanimously.
After no further discussion, the vote was called. Mr. Parker moved to approve the request as submitted based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed unanimously.
USE-ON-APPEAL Special Use-To allow residential use in a B-2 Zoning District 148 1st Street B-2 (General Business) Nelson Vincent, Petitioner The petition was withdrawn at the petitioner’s request.
MINUTES: Mr. Crosby moved to approve the minutes of the September 14, 2021 regular meeting. Ms. Johnson seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:31p.m.
Respectfully submitted,
Approved 12/14/21
Prattville Board of Zoning Adjustment November 9, 2021 Minutes Page 3 of 3
Alisa Morgan, Secretary Board of Zoning Adjustment
Page 1 of 2
Board of Zoning Adjustment
Staff Report
Variance 211109-01
MEETING DATE: November 09, 2021
PETITIONER: Christine & Kevin Cash
PROPERTY OWNER: Christine & Kevin Cash
SUBJECT SITE: 260 Wetumpka Street
REQUEST: Setback Requirements- Front Yard Encroachment
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: 260 Wetumpka Street
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: Autauga Co BOE Facility (R-2)
East: Single-Family Residential (R-2)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None known
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. A variance has been requested for a proposed building that will encroach into the 35’ front setback by 23’
bordering Wetumpka Street.
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
this ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and
substantial justice done.
Page 2 of 2
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 1,460 square foot addition to the rear of the primary residence with similar
materials to the existing structure. The applicant is requesting a variance of 23 feet to allow the structure to conform to the
plain of the existing structure along Northington Street. Existing structure is historic, built in 1935, many years prior to
City of Prattville Zoning designation setback requirements. The addition will add living quarters for the owner. Per
Prattville Zoning Ordinance, corner lots have two front yards concerning setbacks, a primary and a secondary. The
existing structure encroaches into this secondary front yard by approximately 25 feet. The addition is proposed to
encroach 23 feet into the secondary front setback, leaving an actual setback of 12 feet from the property line.
PLANNING STAFF EVALUATION:
Reviewed by: Darrell Rigsby, Senior Planner
Applicant’s Hardship: Main house built circa 1936 on corner lot with ~10’ setback on east side.
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Recommendation: The board shall determine if a legitimate hardship is found with the placement of the proposed
addition. 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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Project Area
Autauga Tax Parcels01,000500
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Locations are approximate
Location Map - 260 Wetumpka Street
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Project Area
Autauga Tax Parcels010050
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Aerial Map - 260 Wetumpka Street
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Project Area
Autauga Tax Parcels01,000500
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Locations are approximate
Zoning Map - 260 Wetumpka Street
Page 1 of 2
Board of Zoning Adjustment
Staff Report
Use On Appeal 211109-02
MEETING DATE: November 09, 2021
PETITIONER: Stephen Ellis
PROPERTY OWNER: Stephen Ellis
SUBJECT SITE: 104 Noccalula Court
REQUEST: To operate a home lawn care business
CURRENT ZONING: FAR – Forest, Agriculture, Recreation
LOCATION: Indian Hills Subdivision
SURROUNDING LAND North: Single-Family Residential (FAR)
USES AND ZONING: South: Single-Family Residential (FAR)
East: Single-Family Residential (FAR)
West: Single-Family Residential (FAR)
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 FAR district?
The requested use is an allowable use-on-appeal. The proposed use is not a prohibited use in an FAR district.
2. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of Prattville
Zoning Ordinance?
Page 2 of 2
The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. A
lawn care business is specifically listed as a use permitted on appeal (§69.1) in the Zoning Ordinance.
3. Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses?
The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in
this FAR district, if equipment is properly stored.
The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances
of the city. The Board shall make written findings determining that the proposed use-on-appeal will not (§35):
1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed;
2. Permit the establishment of a use prohibited in the zoning district; or
3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the
proposed use is located.
The following are suggested questions, additional information, and/or conditions that may be considered:
1. Parking and equipment – where will vehicles and equipment (e.g. trailers) be parked?
Section 69.1(2)(d) states “Any business-related materials or equipment, including trailers, must be
kept inside the home or fully enclosed behind a fence. On lots larger than one acre, materials or
equipment may be located in rear or side yards, at least fifty feet (50') from property line, without being
enclosed.”
a. Subject property is approximately 1.54 acres.
b. Subject property does have a fully enclosed garage
c. Petitioner has approximately 50 customers
ARROWHEAD DR
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±Legend
Project Area
Autauga Tax Parcels
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Locations are approximate
Location Map - 104 Noccalula Court
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Project Area
Autauga Tax Parcels010050
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Locations are approximate
Aerial Map - 104 Noccalula Court
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Project Area
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Locations are approximate
Zoning Map - 104 Noccalula Court
This email originated from outside the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe. If you are unsure if the email is safe, please forward it to help@prattvilleal.gov.
From:Williams, Tommie
To:Morgan, Alisa
Cc:Stephens, Scott; Rigsby, Darrell
Subject:FW: [EXTERNAL]Fwd: Use of Appeal Removal Request
Date:Tuesday, November 9, 2021 2:57:29 PM
Fyi
Tommie Williams
Planner I
City of Prattville
102 W Main St, Prattville, AL 36067
Tommie.Williams@prattvilleal.gov
From: Nelson Vincent <nlv_investments@hotmail.com>
Sent: Tuesday, November 9, 2021 12:21 PM
To: Williams, Tommie <Tommie.Williams@prattvilleal.gov>
Subject: [EXTERNAL]Fwd: Use of Appeal Removal Request
Based on our conversation today, at this time I wish to remove my Use of Appeal application and
submit a variance application.
Per our conversation the Use of Appeal application can not be used to obtain my goal of building an
upscale multi family dwelling and I must submit a variance application.
Please forward me a variance application so I can complete and submit for next variance cycle.
Please apply my $250 fee towards the variance application.
I look forward to receiving the variance application.
I shall come to the office today to complete the variance application.
Please have an application available for completion
Thank you
Sent from my iPhone
Begin forwarded message:
From: Nelson Vincent <NLV_INVESTMENTS@hotmail.com>
Date: November 9, 2021 at 10:06:18 AM CST
To: Tommie Williams <tommie.williams@prattvilleal.gov>
Subject: Use of Appeal Delay Request
Based on our conversation today, at this time I wish to delay my Use of Appeal
application and submit a variance application.
Please forward me a variance application so I can complete and submit for next
variance cycle.
Please apply my $250 fee towards the variance application.
I look forward to receiving the variance application.