2204 April 12 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 April 12, 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: Determination… Overcoming obstacles in order to reach my goal.
Committee Reports:
Old Business: None
New Business:
1.220412-01 SPECIAL EXCEPTION:Home Occupation-Contracting/Dumpster Service 1235 County Road 57 Ryan Blake Williams, Petitioner
Public Hearing
District 1
Minutes: February 8, 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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Prattville Board of Zoning Adjustment February 8, 2022 Minutes Page 1 of 2
City of Prattville Board of Zoning Adjustment 1 Minutes 2 February 8, 2022 3 4 5 CALL TO ORDER: 6 The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:07 p.m. on 7 Tuesday, February 8, 2022 in the Prattville City Hall Council Chambers. After the pledge of Allegiance, 8 Chairman Knapp gave the invocation. 9 10 ROLL CALL: 11
The roll was called. Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. 12 Greg Duke, Mr. Jerry Crosby and Ms. Sarah Johnson. 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 MINUTES: 20 Mr. Barrett moved to approve the minutes of the January 11, 2022, regular meeting. Mr. Crosby seconded 21 the motion. The motion to approve passed unanimously. 22 23 CHARACTER TRAIT OF THE MONTH: 24 The Character Trait of the Month is Patience…Taking the time necessary to work through a difficult 25 situation. 26 27 Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure 28 of the meeting. 29 30 COMMITTEE REPORTS: 31
Mr. Stephens informed the board about the Zoning Ordinance update. 32 33 OLD BUSINESS: 34
There was no old business to discuss. 35 36 NEW BUSINESS: 37 VARIANCE: 38 To reduce the rear yard setback requirements in a R-2 Zoning District 39 1745 Windermere Ave 40 Michael Gamble, Petitioner 41 42 Mr. Rigsby introduced the variance request to reduce the rear yard setback requirements for property 43
located at 1745 Windermere Avenue. He stated that the applicant is proposing to enclose a rear patio 44
which will be attached to the main dwelling. He stated that the existing patio will be extended 45 beyond what is existing and will encroach 5’ into the 40’ rear yard setback. 46 47 Michael Gamble, the petitioner, presented his request to enclose a rear patio located at 1745 Windermere 48 Avenue. He stated that the patio will be extending 2’-3’ beyond the existing patio. He also stated that he 49
spoke with his adjacent neighbors who had no problem with the proposal. 50 51 Chairman Knapp opened the floor for public comments. There were none. The public hearing was 52
closed. 53 54 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 55
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Crosby moved to establish the findings of fact stating that 1) granting of a variance will not confer a 56 special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in 57 the same district; 2) that granting of a variance is in harmony with the intent and purposes of the zoning 58 ordinance; and 3) that a variance will not adversely affect the surrounding property, the general 59 neighborhood, or the community as a whole. Mr. Duke seconded the motion. The motion to approve the 60 findings of fact passed unanimously. 61 62 After no further discussion, the vote was called. Mr. Barrett moved to approve the request as proposed 63 based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed 64 unanimously. 65 66 MISCELLANEOUS: 67 68 ADJOURN: 69
After no further comments, questions, or discussion the meeting was adjourned at 4:22 p.m. 70 71 Respectfully submitted, 72
73 74
75 Alisa Morgan, Secretary 76 Board of Zoning Adjustment 77
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Board of Zoning Adjustment
Staff Report
Special Exception 220412-01
MEETING DATE: April 12, 2022
PETITIONER: Ryan Blake Williams
PROPERTY OWNER: Ryan Blake Williams
SUBJECT SITE: 1235 County Road 57
REQUEST: To operate a general contracting business out of the home
CURRENT ZONING: FAR (Forest, Agriculture, Residential)
LOCATION: 1235 County Road 57
SURROUNDING LAND North: Single-Family Residential (Unincorporated)
USES AND ZONING: South: Single-Family Residential (FAR)
East: Single-Family Residential (FAR)
West: Single-Family Residential / Forest / Farmland (Unincorporated)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Petitioner is requesting a Special Exception in order to operate a home occupation for general contracting,
debris removal, and container/dumpster service.
2. Petitioner is requesting to place small business sign by road
ZONING ORDINANCE REFERENCED:
Section 7.09 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 Special Exception approval from the BZA.
ANAYLSIS/EVALUATION:
Petitioner is requesting to operate a general contracting, debris removal, and container/dumpster service business out of
his home. As part of the request, petitioner is requesting to store 10 to 15 commercial roll-off dumpsters at rear of
property.
Subject property is approximately 21 acres that is heavily wooded. Natural, dense wooded buffers currently exist along all
property lines, with the exception of a small portion where the driveway is. Subject property is at the periphery of the
Prattville corporate limits and is bordered at the north and west by unincorporated property. It is bordered to the south by
the railroad, and to the east by a 16 acre single family residential (zoned FAR) parcel.
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Petitioner is proposing to operate a commercial dumpster business where he will store up to 15 dumpsters on the property.
Petitioner has stated he will place the dumpsters towards the rear of the property, behind the home.
Additionally, petitioner is requesting permission to place a small sign along County Road 57 at the driveway entrance.
Below is the staff assessment of the three general question applicable to Special Exception:
1. 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. Per
7.09.05 b. “On lots larger than one acre, materials or equipment may be located in rear or side yards without being
enclosed provided they are at least 50 feet from the nearest property line.
2. Is the proposed use an allowable Special Exception, and not a prohibited use in an FAR district?
The requested use is an allowable Special Exception. The proposed use is not a prohibited use in an FAR
district.
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. Property owner has more than 21 acres and adjoining properties are large parcels.
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 Special Exception will not (§12):
1. Permit the establishment of a use prohibited in the zoning district; or
2. Be contrary to the public interest and will insure that the spirit of this ordinance is observed; 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. trucks, trailers, dumpsters) be parked?
a. Section 7.09.05.b. 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 without being enclosed provided they are at least 50 feet from the nearest property line.
2. The subject property is approximately 21.77 acres, and heavily wooded. Natural vegetation buffers exist along all
property lines and street frontages.
3. Applicant is requesting to place a small sign by the road. Zoning Ordinance Article 9 concerns signage. §9.09
concerns signs in FAR districts. §9.09.01.1. states “Only those signs expressly permitted in §9.06 Signs Permitted
in All Districts and this Section are permitted.” Per §9.06., Signs, with the exception of Temporary signs and
Flagpoles and Stanchions are prohibited on Residential zoned property used for residential purposes.
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Property Photos:
Site with Zoning and Corporate Limits
Site Showing Natural Vegetation and Buffers
Co Rd 57
Co Rd 57
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Site Plan (Google Satellite Images)
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Co Rd 57
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Driveway Entrance (Location “A” on Map Above) (Staff Photo)
Driveway Entrance (Location “A” on Map Above) (Staff Photo)
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Driveway Close-up (Location “A” on Map Above) (Staff Photo)
Driveway Close-up (Location “A” on Map Above) (Staff Photo)
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Proposed Storage Location (“C” on map above) (Staff Photo)
Proposed Storage Location (“C” on map above) (Staff Photo)
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Proposed Storage Location (“C” on map above) (Staff Photo)
Residence (“B” above) looking Toward Proposed Storage Location (“C” on map above) (Staff Photo)
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Downtown Commercial & Mixed Use
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