2109 September 14 BZA
102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP DIRECTOR
CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A 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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Prattville Board of Zoning Adjustment September 14, 2021 Minutes Page 1 of 4
City of Prattville Board of Zoning Adjustment Minutes September 14, 2021 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Charles Knapp at 4: 01 p.m. on Tuesday, September 14, 2021. ROLL CALL: The secretary called the roll. Members present: Chairman Charles Knapp, Vice Chairman Billy Barrett,
Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson. There were no members absent. Quorum Present Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie Williams, Planner; and Ms. Alisa Morgan, Secretary.
Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure of the meeting. COMMITTEE REPORTS: There were no reports to be made. OLD BUSINESS: 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 Mr. Rigsby introduced the variance request for reduction in parking spaces and reduction in the landscape requirements. He stated that the petitioner is seeking to reduce the parking spaces from the
required 125 to 77 spaces and relief from the required 30’ frontage landscaping buffer along Old Farm Lane, relief from the required berm along Fairview Avenue, and relief from the required 5’ foundation landscaping along the front of the building.
Mr. Crosby moved to separate the items for discussion. Mr. Barrett seconded the motion. The motion passed unanimously. Parking Stalls Reduction Bridgette Ganter with Jennifer Santelli, petitioner’s representatives, presented the request for the parking space reduction stating that parking spaces required by the city’s standards exceeds the requirement for their lager model store. She stated that the seating capacity for the proposed restaurant is 94. Chairman Knapp opened the floor for public comments. There were none. The public hearing was
closed. Chairman Knapp 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 will not confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district; 2) that granting of a variance is in harmony with the intent and purposes
of the zoning ordinance; and 3) that the special conditions and circumstances do not result from
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Prattville Board of Zoning Adjustment September 14, 2021 Minutes Page 2 of 4
actions of the applicant (self-imposed hardship). Ms. Johnson seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Barrett moved to approve the request based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed unanimously. Landscape Buffer The Board had questions about storm water control for the site and how it would affect the adjacent properties. Mr. Stephens explained that each site is responsible for containing its storm water and calculating it into the design build.
Ms. Ganter explained the plan and design for storm water control. She also stated that they will be meeting the overall requirements for planting.
Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed.
Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. Duke moved to establish the findings of fact stating that 1) a literal interpretation of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning ordinance; 2) that the special conditions and circumstances do not result from actions of the applicant (self-imposed hardship); 3) that granting of a variance will not confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district; and 4) that granting of a variance is in harmony with the intent and purposes of the zoning ordinance. Mr. Barrett seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Crosby moved to approve the request based on the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed unanimously.
NEW BUSINESS: USE-ON-APPEAL Home Occupation-On-site Fitness (Martial Arts) 312 Sydney Drive S R-3 (Single Family Residential) Argelio Chappotin III, Petitioner Mr. Williams introduced the use-on-appeal request for a home occupation to allow a martial arts fitness business on property located at 312 Sydney Drive S. He stated that the petitioner is proposing business operation from 5:00 a.m. to 9:00 p.m. with six (6) people per day, two (2) people per hour. Argelio Chappotin, III, petitioner, presented the use-on-appeal request for a home occupation martial arts business on property located at 312 Sydney Drive. He stated that there will be no more than three (3) classes per day. The classes will teach self-defense and child martial arts to be held inside the garage on matted surface. Noise will be at a minimum. He stated that his property will allow for two additional cars to park in the driveway.
Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed.
Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. Barrett 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 R-3 district; 2) development of the proposed
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Prattville Board of Zoning Adjustment September 14, 2021 Minutes Page 3 of 4
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. Crosby moved to approve the request based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed unanimously. USE-ON-APPEAL Home Occupation-On-site Salon 317 Janice Street R-2 (Single Family Residential) Mary Ballard, Petitioner
Mr. Rigsby introduced the use-on-appeal request for a home salon on property located at 317 Janice Street. He stated that the petitioner was undecided on the desired use at the time application was submitted and has since decided to apply for the salon use. He stated that the main structure is
approximately 1621ft2 with an accessory structure located on the rear of approximately 500ft2. The proposed hours of operation are from 8:00 a.m. to 6:00 p.m. Monday through Saturday. Mary Ballard, petitioner, presented the use-on-appeal request for a salon use on property located at 317 Janice Street. She stated that the clients would be booked by appointment only with a maximum number of 3-5 clients on a busy day. She stated that three cars can fit in the drive way and she would be the only stylist. Chairman Knapp opened the floor for public comments. Bobby Cavanis, 310 Janice Street, spoke on concerns about the parking. After no further comments, the public hearing was closed. Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. Barrett moved to establish the findings of fact stating that 1) the proposed home occupation is an allowable use-on-appeal, and is not a prohibited use in a R-2 district; 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; 4) that the parking is controlled by the property owner. Mr. Duke seconded the motion. The motion to
approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Duke 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. VARIANCE Setback Requirements-Reduce the rear yard setback requirements 422 Pratt Street R-3 (Single Family Residential) Carol Meeks and Stephanie Anderson, Petitioners Mr. Williams introduced the variance request to allow a structure to encroach into the 30’ rear yard setback on property located at 422 Pratt Street. He stated that the proposed 1280ft2 structure’s closest
point will encroach 23.9 feet into the rear setback. Max Vaughn of Goodwyn, Mills & Cawood, petitioner’s representative, presented the request for a
structure to encroach into the rear yard setback on property located at 422 Pratt Street. He stated that the 1280ft2 structure is an addition to allow for expanded class room of the current dance studio which has operated at the present location since 1982.
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Prattville Board of Zoning Adjustment September 14, 2021 Minutes Page 4 of 4
Chairman Knapp opened the floor for public comments. There were none to speak. The public hearing was closed. The petitioners Carol Meeks and Stephanie Anderson stated that the addition of the space would allow them to expand their classes and space in hopes to decrease their late hours. Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Ms. Johnson moved to establish the findings of fact stating that 1) special conditions and circumstances do not exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands structures, or buildings in the same zoning district; 2) that the special conditions and circumstances do not result from actions of the applicant (self-imposed hardship); and 3) that granting
of a variance is not in harmony with the intent and purposes of the zoning ordinance. Mr. Barrett seconded the motion. The motion to approve the findings of fact passed unanimously.
After no further discussion, the vote was called. Mr. Crosby moved to approve the request as submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed unanimously.
MINUTES: Mr. Barrett moved to approve the minutes of the August 10, 2021 regular meeting. Mr. Crosby seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:55 p.m. Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
Page 1 of 7
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
Page 2 of 7
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.
Page 3 of 7
Article 3. – Board of Zoning Adjustment
Section 36. - Variances.
a. The Board may authorize upon appeal in specific cases such variances from the terms of this ordinance as will not
be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of
this ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and
substantial justice done.
b. A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship
does, in fact, exist. In no case shall the Board grant a variance that permits the land, building or structure to be
occupied by a use prohibited within the zoning district in which the land, building or structure is located.
c. It is the intent of this ordinance that a variance be issued only to mitigate a physical condition of a parcel of land
which poses a practical barrier to its development and use conformance with this ordinance. Variances shall be
limited to the minimum adjustment necessary for the reasonable use of the land.
d. Before any variance is granted, the Board shall make written findings certifying the existence of the following
standards.
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands structures, or buildings in the same district.
2. That a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed
by other properties in the same district under the terms of the ordinance.
3. That special conditions do not result from actions of the applicant (self-imposed hardship);
4. That granting of the variance will not confer any special privilege on the applicant that is denied by this
ordinance to other lands, structures, or buildings in the same district;
5. That granting of the variance is in harmony with the intent and purposes of the ordinance;
6. That the variance will not adversely affect surrounding property, the general neighborhood, or the
community as a whole;
7. That no non-conforming use of neighboring lands, structures, or buildings in the same district, and no
permitted or non-conforming use of lands, structures, or buildings in other districts were considered as a
basis for the issuance of a variance;
8. That the variance will not allow the establishment of a use not permissible under the terms of the
ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the
ordinance in said district;
9. The variance requested is the minimum adjustment necessary to enable the legal use of the land,
building or structure.
Page 4 of 7
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.
Page 5 of 7
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.
Page 6 of 7
NW Corner of Fairview Avenue and Old Farm Lane - Existing
Page 7 of 7
NW Corner of Fairview Avenue and Old Farm Lane Site Plan – Proposed Structure and Parking
OLD FA
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M LN N
F AIR VIE 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
541
698
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699
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696694692690686
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693695
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1976
1799 1801 1805
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OLD RIDGE RD N
MALWEST DR
SUMMIT PKWY
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BUSINESS PARK DR
MCQUEEN SMITH RD N
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INTERSTATE CT
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INTERSTATE COMMERCIAL PARK LP
±Legend
AdDress_Points_AProject AreaStreets
Autauga Tax Parcels
0 1,000500
Feet
Locations are approximate
Location Map - Laney Property 1A
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
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1540
1538
20562076204820462044
208020822084
208820902092
1976
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1817
1850
1852
18461798
2002
19961988
2000
2098
695 A
1848 A
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M LN N
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OLD FARM WY
OLD RIDGE RD N
MALWEST DR
SUMMIT PKWY
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BOARDROOM DR
BUSINESS PARK DR
MCQUEEN SMITH RD N
JOSIE RUN
I 65 S ON RAMP
INTERSTATE CT
COVERED BRIDGE PKWY
INTERSTATE COMMERCIAL PARK LP
B-4
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B-2
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B-2
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B-4
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R-4
B-2
B-2
F.A.R.
F.A.R.
±Legend
AdDress_Points_AProject AreaStreets
Autauga Tax Parcels
0 1,000500
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Locations are approximate
Zoning Map - Laney Property 1A
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.
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
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.
Page 1 of 2
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?
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:
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.
318
316
314
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S Y D N E Y D R S
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Aerial Map - 312 Sydney Drive
T R O L L E Y R D
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T U L L A H O M A D R
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Location Map - 312 Sydney Drive
T R O L L E Y R D
SY D N EY D R S
MER
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T U L L A H O M A D R
JANE
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R-2
R-3
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R-2
B-2 B-2
R-5
R-3 R-3
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0 1,000500
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Locations are approximate
Zoning Map - 312 Sydney Drive
Page 1 of 6
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.
Page 2 of 6
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.
Page 3 of 6
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?
Page 4 of 6
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.
Page 5 of 6
317 Janice Street - Front
Page 6 of 6
317 Janice Street - Overhead
321319317313
311
JANICE ST
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0 10050
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Aerial Map - 317 Janice Street
TERI LN
JANICE ST
SHEILA BLVD
CYNTHIA ST
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AMANDA LN
PATTI LP
THAMES DR
IVEY LN LORI ST
D O S T E R R D
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Location Map - 317 Janice Street
TERI LN
JANICE ST
SHEILA BLVD
CYNTHIA ST
S MEMORIAL DR
AMANDA LN
PATTI LP
THAMES DR
IVEY LN LORI ST
D O S T E R R D
R-2
B-2
B-2
R-3
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0 500250
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Zoning Map - 317 Janice Street
Page 1 of 2
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.
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 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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417
409
DOSTER ST
PRATT ST
PRATTVILLE KINDERGARTEN
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0 10050
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Aerial Map - 422 Pratt Street
1ST ST
E MAIN ST
PRATT ST
DOSTER ST
WATER ST
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PARKWOOD DR
MONCRIEF ST
HALLMARK D R
COLLEGE ST
NEW M O O N C T
PRATTVILLEKINDERGARTEN
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0 500250
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Locations are approximate
Location Map - 422 Pratt Street
1ST ST
E MAIN ST
PRATT ST
DOSTER ST
WATER ST
N
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PARKWOOD DR
MONCRIEF ST
HALLMARK D R
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NEW M O O N C T
PRATTVILLEKINDERGARTEN
R-3 T-1
R-2
M-1
B-2
R-4R-2
O-1
R-6
O-1
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0 500250
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Zoning Map - 422 Pratt Street