2202 February 8 BZA Pkt (Draft)102 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 February 8, 2022 4:00pm
The Pledge of Allegiance:
Invocation:
Roll Call:
Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson.
Call to Order:
Character Trait of the Month: Patience…Taking the time necessary to work through a difficult situation.
Committee Reports:
Old Business: None
New Business:
1.220208-02 VARIANCE:To reduce the rear yard setback requirements in a R-2 Zoning District 1745 Windermere Ave Michael Gamble, Petitioner
Public Hearing
District 1
Minutes: January 11, 2022
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 January 11, 2022 3 4 5 CALL TO ORDER: 6 The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman 7 Charles Knapp at 4:00 p.m. on Tuesday, January 11, 2022. 8 9 ROLL CALL: 10 The acting secretary (Scott Stephens) called the roll. Members present were Chairman Charles Knapp, 11 Vice-Chairman Billy Barrett, Mr. Greg Duke, and Mr. Crosby. Also present was supernumerary member, 12 Mr. Michael Whaley. Ms. Sarah Johnson was 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. 18 19
Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure 20 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 To allow a sign in the public R.O.W 31 266 W. 5th Street 32 R-3 (Single-Family) 33 Prattville Community Church, Petitioner 34 35 Mr. Williams introduced the use-on-appeal request to allow a sign in the public R.O.W located at 266 W. 36
5TH Street. He stated that the applicant is requesting to replace their old sign with a new LED sign. 37 The sign is in a 60 ft. R.O.W. Their current sign is 9ft. tall and 8ft. wide. The new proposed is 7ft 38 wide and 7 ½ tall with a night dimming device and will be placed in the same location. The Planning 39 Department received a written response from the Chief of Fire & Police, The City Planner, and The 40
City Engineer. The Chief of Police and Fire opted to let the City Engineer speak on their behalf. The 41
City Planner and Engineer did not have any issue with the sign being located within the R.O.W. 42 43 Ricky Smith, the petitioner, presented his request to allow a sign in the public R.O.W. located at 266 W. 44 5TH Street. He stated that they just wanted to update their outdated sign with a more modern version. 45 46
Chairman Knapp opened the floor for public comments. There were none. The public hearing was 47 closed. 48 49
Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 50 Barret moved to establish the findings of fact stating that the use-on appeal, 1) is an allowable use on 51 appeal and is not a prohibited use of the property; and 2) the proposal for this sign is in the public interest 52
and meets the spirit of the City of Prattville Zoning Ordinance. Mr. Whaley seconded the motion. The 53 motion to approve the findings of fact passed unanimously. 54 55 After no further discussion, the vote was called. Mr. Crosby moved to approve the request based on the 56
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approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed unanimously. 57 58 VARIANCE 59 To reduce the number of required parking spaces 60 Heather Drive (between McQueen Smith Rd and Dee Drive) 61 B-2 General Business / R-3 Single Family Res. / R-4 Multi-Family Res. 62 TBG Construction, Inc. Petitioner 63 64 Mr. Rigsby introduced the variance request to reduce the required number of parking spaces located at 65 Heather Drive (between McQueen Smith Rd and Dee Drive). Mr. Rigsby explained that based on The 66 Prattville Zoning Ordinance that 118 parking spaces should be provided. The applicant is proposing 97 67 parking spaces. Mr. Rigsby did state that the apartment complex is age-restricted (55 and over). 68 69 Brad Smith with TBG Construction, the petitioner, presented his request to reduce the required parking 70 spaces based on the fact that they are senior apartments. He stated that 1 car space per unit plus visiting 71 parking was more than sufficient. 72 73 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 74 Whaley moved to establish the findings of fact stating that 1) special conditions and circumstances do not 75
exist which are peculiar to the land, structure, or building involved and which are not applicable to other 76 lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the zoning 77 ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the same 78
district under the terms of the zoning ordinance; 3) that the special conditions and circumstances do result 79
from actions of the applicant or (self-imposed hardship); and 4) that granting of a variance will confer a 80 special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in 81
the same district). Mr. Barret seconded the motion. The motion to approve the findings of fact passed 82 unanimously 83 84
After no further discussion, the vote was called. Mr. Barret moved to deny the request based on the 85 approved findings of fact. Mr. Duke seconded the motion. The motion to deny passed unanimously. 86 87 VARIANCE 88 To reduce the required minimum roof pitch on buildings 89 Heather Drive (between McQueen Smith Rd and Dee Drive) 90 B-2 General Business / R-3 Single Family Res. / R-4 Multi-Family Res. 91 TBG Construction, Inc. Petitioner 92 93 Mr. Rigsby introduced the variance request to reduce the required roof pitch on buildings located at Heather 94 Drive (between McQueen Smith Rd and Dee Drive). Mr. Rigsby explained that based on The Prattville 95 Zoning Ordinance that the roof pitch should be 5 in 12. The applicant is proposing a roof pitch of 4 in 12 96 roof pitch which is slightly shallower. 97 98 Brad Smith with TBG Construction, the petitioner, presented his request to reduce the required minimum 99 roof pitch on the buildings. He stated that it was more for aesthetics and that it was a better look; 5 in 12 100 are outdated looks. 101
102 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 103 Whaley moved to establish the findings of fact stating that 1) special conditions and circumstances do not 104
exist which are peculiar to the land, structure, or building involved and which are not applicable to other 105 lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the zoning 106 ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the same 107
district under the terms of the zoning ordinance; 3) that the special conditions and circumstances do result 108 from actions of the applicant or (self-imposed hardship); and 4) that granting of a variance will confer a 109 special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in 110 the same district). Mr. Duke seconded the motion. The motion to approve the findings of fact passed 111 unanimously. 112
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113 After no further discussion, the vote was called. Mr. Crosby moved to deny the request based on the 114
approved findings of fact. Mr. Barret seconded the motion. The motion to deny passed unanimously. 115 116 VARIANCE 117 To reduce the required shrub height 118 Heather Drive (between McQueen Smith Rd and Dee Drive) 119 B-2 General Business / R-3 Single Family Res. / R-4 Multi-Family Res. 120 TBG Construction, Inc. Petitioners 121 122 The petitioner withdrew this variance request. 123 124 VARIANCE 125 To reduce the required spacing between buildings 126 Heather Drive (between McQueen Smith Rd and Dee Drive) 127 B-2 General Business / R-3 Single Family Res. / R-4 Multi-Family Res. 128 TBG Construction, Inc. Petitioners 129 130 Mr. Rigsby introduced the variance request to reduce the required spacing between buildings located at 131
Heather Drive (between McQueen Smith Rd and Dee Drive). Mr. Rigsby explained that based on The 132 Prattville Zoning Ordinance that the spacing between buildings should be 171ft, 120ft, and 108ft. The 133 applicant is proposing a spacing between buildings at 92ft, 65ft, and 103ft. 134 135 Mike Brant with TBG Construction, the petitioner, presented his request to reduce the required spacing 136 between buildings. He stated that to have detached buildings it will be more viable to reduce the distance 137
between buildings. 138 139 Chairman Knapp opened the floor for public comments. 140 141 Jon Lee Finnegan asked, “would the apartments be income restrictive”. 142 143 Brad Smith, stated that they must make a certain income to be accepted into the complex and an annual 144 income that they cannot go above but it does not matter how much money they already have in the bank. 145 146 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 147 Whaley moved to establish the findings of fact stating that 1) special conditions and circumstances do not 148
exist which are peculiar to the land, structure, or building involved and which are not applicable to other 149 lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the zoning 150 ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the same 151
district under the terms of the zoning ordinance; 3) that the special conditions and circumstances do result 152 from actions of the applicant or (self-imposed hardship); and 4) that granting of a variance will confer a 153 special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in 154
the same district. Mr. Crosby seconded the motion. The motion to approve the findings of fact passed by 155 a majority vote as recorded. Favor: Mr. Barrett, Mr. Duke, Mr. Crosby, and Mr. Whaley. Oppose: 156 Chairman Knapp. 157 158 After no further discussion, the vote was called. Mr. Duke moved to deny the request based on the 159 approved findings of fact. Mr. Crosby seconded the motion. The motion to deny passed by a majority 160 vote as recorded. Favor: Mr. Barrett, Mr. Duke, Mr. Crosby, and Mr. Whaley. Oppose: Chairman 161 Knapp. 162 163 MINUTES: 164 Mr. Duke moved to approve the minutes of the December 14, 2021, regular meeting. The motion to approve 165 passed unanimously. 166 167 168
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169 MISCELLANEOUS: 170
Chairman Knapp was elected for another year. Mr. Barrett nominated Chairman Knapp and Mr. Crosby 171 seconded the motion. The vote was unanimous. 172 173
Vice-Chairman Barrett was elected for another year. Chairman Knapp nominated Vice-Chairman Barrett 174 and Mr. Crosby seconded the motion. The vote was unanimous. 175 176 Mr. Duke moved to amend the bylaws Section 3.d (order of business) to include starting the meeting with 177 the Pledge of Allegiance to the Flag, an invocation, and a reading of the Character Coalition’s character 178 trait of the month. Chairman Knapp seconded. The vote to approve was unanimous. 179 180 ADJOURN: 181 After no further comments, questions, or discussion the meeting was adjourned at 5:11 p.m. 182 183 Respectfully submitted, 184 185 186 187
188 Scott Stephens, Acting Secretary 189 Board of Zoning Adjustment 190
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Board of Zoning Adjustment
Staff Report
Variance 220208-02
MEETING DATE: February 8, 2022
PETITIONER: Michael Gamble
PROPERTY OWNER: Michael Gamble
SUBJECT SITE: 1745 Windermere Avenue
REQUEST: Rear Patio encroachment to rear setback
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: Riverchase Subdivision
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: Single-Family Residential (R-2)
East: Single-Family Residential (R-2)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. A variance has been requested for a patio cover that will encroach into the rear setback of 40ft.
2. The petitioner is requesting to build a partially enclosed rear patio cover that will encroach into the 40ft
setback by 5ft. Rear of building will be approximately 35’ from the rear property line.
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below:
Section 71. - Residential district requirements.
MINIMUM SETBACK:
Front Yard: 35 feet;
Rear Yard: 40 feet;
Side Yard: 10 feet
Article 3. – Board of Zoning Adjustment
Section 36. - Variances.
a. The Board may authorize upon appeal in specific cases such variances from the terms of this ordinance as will not
be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of
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this ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and
substantial justice done.
b. A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship
does, in fact, exist. In no case shall the Board grant a variance that permits the land, building or structure to be
occupied by a use prohibited within the zoning district in which the land, building or structure is located.
c. It is the intent of this ordinance that a variance be issued only to mitigate a physical condition of a parcel of land
which poses a practical barrier to its development and use conformance with this ordinance. Variances shall be
limited to the minimum adjustment necessary for the reasonable use of the land.
d. Before any variance is granted, the Board shall make written findings certifying the existence of the following
standards.
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands structures, or buildings in the same district.
2. That a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed
by other properties in the same district under the terms of the ordinance.
3. That special conditions do not result from actions of the applicant (self-imposed hardship);
4. That granting of the variance will not confer any special privilege on the applicant that is denied by this
ordinance to other lands, structures, or buildings in the same district;
5. That granting of the variance is in harmony with the intent and purposes of the ordinance;
6. That the variance will not adversely affect surrounding property, the general neighborhood, or the
community as a whole;
7. That no non-conforming use of neighboring lands, structures, or buildings in the same district, and no
permitted or non-conforming use of lands, structures, or buildings in other districts were considered as a
basis for the issuance of a variance;
8. That the variance will not allow the establishment of a use not permissible under the terms of the
ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the
ordinance in said district;
9. The variance requested is the minimum adjustment necessary to enable the legal use of the land,
building or structure.
ANAYLSIS/EVALUATION:
Applicant is proposing to construct an enclosed, covered rear patio. Patio to be enclosed with windows, and a sloped
aluminum roof. Per the site plan, the patio is going to be attached to the dwelling, therefore it has to meet the R-2 rear
setback of 40ft.
PLANNING STAFF EVALUATION:
Reviewed by: Darrell Rigsby, Senior Planner
Applicant’s Hardship: Strict application of zoning ordinance would not allow for fifteen by twenty foot patio to be built.
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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