2202 February 8 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 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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Prattville Board of Zoning Adjustment February 8, 2022 Minutes Page 1 of 2
City of Prattville Board of Zoning Adjustment Minutes February 8, 2022 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:07 p.m. on Tuesday, February 8, 2022 in the Prattville City Hall Council Chambers. After the pledge of Allegiance, Chairman Knapp gave the invocation.
ROLL CALL: The roll was called. Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr.
Greg Duke, Mr. Jerry Crosby and Ms. Sarah Johnson. Quorum Present
Staff present were Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie Williams, Planner; and Ms. Alisa Morgan, Secretary. MINUTES: Mr. Barrett moved to approve the minutes of the January 11, 2022, regular meeting. Mr. Crosby seconded the motion. The motion to approve passed unanimously. CHARACTER TRAIT OF THE MONTH: The Character Trait of the Month is Patience…Taking the time necessary to work through a difficult situation. Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure of the meeting.
COMMITTEE REPORTS: Mr. Stephens informed the board about the Zoning Ordinance update.
OLD BUSINESS: There was no old business to discuss.
NEW BUSINESS: VARIANCE: To reduce the rear yard setback requirements in a R-2 Zoning District 1745 Windermere Ave Michael Gamble, Petitioner Mr. Rigsby introduced the variance request to reduce the rear yard setback requirements for property located at 1745 Windermere Avenue. He stated that the applicant is proposing to enclose a rear patio which will be attached to the main dwelling. He stated that the existing patio will be extended beyond what is existing and will encroach 5’ into the 40’ rear yard setback.
Michael Gamble, the petitioner, presented his request to enclose a rear patio located at 1745 Windermere Avenue. He stated that the patio will be extending 2’-3’ beyond the existing patio. He also stated that he spoke with his adjacent neighbors who had no problem with the proposal.
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.
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Prattville Board of Zoning Adjustment February 8, 2022 Minutes Page 2 of 2
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 a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Duke 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 as proposed based on the approved findings of fact. 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 4:22 p.m.
Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
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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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