2205 May 10 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 May 10, 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: Compassion… Investing whatever is necessary to show concern through words and action.
Committee Reports: Old Business: None
New Business:
1. 220510-01 SPECIAL EXCEPTION: Home Occupation-Event venue/Group classes/Retail 745 N. Court Street Anna Bastida, Petitioner
Public Hearing District 2
2. 220510-02 SPECIAL EXCEPTION: Accessory Dwelling 319 S. Washington Street Lisa & James Sherrill, Petitioners
Public Hearing
District 1
3. 220510-03 VARIANCE:
Accessory Dwelling-Exceed the maximum size 319 S. Washington Street Lisa & James Sherrill, Petitioners
Public Hearing District 1
Minutes: April 12, 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 Minutes May 10, 2022 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:00 p.m. on Tuesday, May 10, 2022 in the Prattville City Hall Council Chambers. After the pledge of Allegiance, Mr. Barrett gave the invocation.
ROLL CALL: Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Jerry Crosby and Ms.
Sarah Johnson. Mr. Greg Duke was absent. Also present was supernumerary member Mr. Neal Parker. 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. Crosby moved to approve the minutes of the April 12, 2022, regular meeting. Ms. Johnson seconded the motion. The motion to approve passed unanimously. CHARACTER TRAIT OF THE MONTH: The Character Trait of the Month is Compassion…Investing whatever is necessary to show concern through words and action. 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: There was no old business to discuss.
Chairman Knapp changed the order that the agenda items were heard because the first petitioner was not present at the time. NEW BUSINESS: SPECIAL EXCEPTION: Accessory Dwelling 319 S. Washington Street Lisa & James Sherrill, Petitioners Mr. Rigsby introduced the special use request to allow an accessory dwelling on property located at 319
S. Washington Street. The proposed is an allowable use under the recently adopted Zoning Ordinance. He stated that the accessory dwelling will meet all requirements of the Prattville Zoning Ordinance, with the exception of the area and dimensional requirements, which the Board will hear with case 220510-03.
Lisa Sherrill, the petitioner, along with Heaven Gilmore, presented the request to allow an accessory dwelling on property located at 319 S. Washington Street. Mrs. Sherrill stated that the two families have
outgrown the current space and want to provide her daughter’s family with their own living area. Mr. Barrett asked why not build a full addition. Mrs. Sherrill stated that the families needed their own
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living and cooking area. 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. Parker moved to establish the findings of fact stating that 1) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses and 2) the development of the proposed use meets the spirit of the City of Prattville Zoning Ordinance. Ms. Johnson 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 proposed
based on the approved findings of fact. Mr. Parker seconded the motion. The motion to approve passed unanimously. VARIANCE Accessory Dwelling-Exceed the maximum size 319 S. Washington Street Lisa & James Sherrill, Petitioners Mr. Rigsby introduced the variance request to allow an accessory dwelling unit to exceed the maximum size requirement on property located at 319 S. Washington Street. He stated that the proposed accessory dwelling meets all requirements of the Prattville Zoning Ordinance, with the exception of the area and dimensional requirements, which is almost two times the maximum 1000 ft2 allowed by the Ordinance. The accessory dwelling unit will not encroach on any property setbacks. Lisa Sherrill, the petitioner, along with Heaven Gilmore, presented the request to allow an accessory dwelling to exceed the maximus size requirement on property located at 319 S. Washington Street.
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 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 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. Mr. Barrett 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 proposed based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed unanimously. SPECIAL EXCEPTION: Home Occupation-Event venue/Group classes/Retail 745 N. Court Street Anna Bastida, Petitioner
Mr. Rigsby introduced the special use request to allow a home occupation to offer and host various entertainment, education and art classes on property located at 745 North Court Street. The petitioner is also requesting to place a business sign on the property. He stated that the proposed home occupation does not appear to meet the guidelines and intent of a home occupation in the Ordinance. The property is not an appropriate location for the intensity of the proposed educational and entertainment business. He stated that no more than two clients may be on the premises at any time, and no more than ten clients
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visiting the home on any day. Additionally, permanent signs are prohibited in residential districts. Anna Bastida, petitioner, presented her request to allow a home occupation on property located at 745 North Court Street. She presented her certifications in her different fields of training. She stated that she would like to build a 30x50 pole barn to hold classes. Ms. Johnson asked how would she be able to contain parties and weddings to a minimum of two guests. Ms. Bastida stated that the parties would be two-person photo shoots.
Mr. Barrett stated that her pole barn request couldn’t be discussed for approval because it’s not submitted as part of the formal request.
Mr. Knapp asked the petitioner what is her primary business operation. Ms. Bastida answered that her businesses would be summarized as Art Education.
Mr. Barrett stated for the record that the City’s Engineer provided a statement that current conditions do not allow for parking on the ROW. 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. Barrett moved to establish the findings of fact stating that 1) development of the proposed use is not in the public interest and does not meet the spirit of the City of Prattville Zoning Ordinance; and 2) the proposed use will 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. Chairman Knapp moved to deny the request as proposed based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to deny passed unanimously. MISCELLANEOUS:
ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 5:33 p.m.
Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
Page 1 of 5
Board of Zoning Adjustment
Staff Report
Special Exception 220510-02
MEETING DATE: May 10, 2022
PETITIONER: Lisa & James Sherrill
PROPERTY OWNER: Lisa & James Sherrill
SUBJECT SITE: 319 S. Washington
REQUEST: Construction of attached Accessory Dwelling in R-2 Zoning District
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: Downtown
SURROUNDING LAND North: Single-Family Residential (R-2) USES AND ZONING: South: Single-Family Residential (R-2) East: Single-Family Residential (R-2) West: Commercial (B-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. A Special Exception has been requested for the construction of an Accessory Dwelling unit in an R-2 Single-Family Residential Zoning district.
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below:
Table 4-1: Uses Permitted in Residential Districts
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§7.01 Accessory Dwellings
Accessory Dwellings may only be permitted as an accessory use to a permitted single-family detached dwelling in
accordance with the following:
§7.01.01 Permit Required. An Accessory Dwelling Permit is required for all accessory dwellings. Accessory dwellings may be maintained in perpetuity but only in compliance with these regulations. Any accessory dwelling permitted use will
automatically expire whenever:
1. The accessory dwelling is altered to the extent it no longer conforms to the plans approved by the City 2. Required off-street parking is no longer provided on the premises 3. The permittee ceases to own or reside on the premises (applies to R-1, R-2 and FAR Districts only)
§7.01.02 Limitation in R-1, R-2 and FAR Districts. Because the R-1, R-2 and FAR Districts are intended for single family detached dwellings, an accessory dwelling may only be permitted when the owner of the principal dwelling resides on the premises. This ensures that the accessory dwelling remains subordinate to the principal dwelling.
§7.01.03 Area and Dimensional Requirements. Accessory dwellings are permitted only on lots of at least 7,500 sf, except
where the district requires a larger lot. If the principal dwelling is not connected to sanitary sewer service, minimum lot requirements of the health department or similar authority apply to each of the dwellings.
1. Accessory dwellings must be set back from lot lines as required in §4.01.03 Additional Regulations. If
detached from the principal dwelling, the accessory dwelling must be set back at least ten feet from the principal dwelling. 2. The habitable floor area of an accessory dwelling must be at least 200 sf but not more than 50% of the gross
floor area of the principal dwelling or 1,000 sf, whichever is more restrictive. If detached, accessory dwellings are also subject to the cumulative area permitted for accessory structures. 3. Detached accessory dwellings may not be located closer to any front lot line than the principal dwelling.
§7.01.04 Additional Requirements
1. Separate utility meters are not permitted for Accessory Dwellings. 2. No more than one accessory dwelling is permitted on the lot of a single-family detached dwelling, regardless of the lot size. 3. Accessory dwellings may have a separate 911 address for emergency purposes. If a separate mailbox is used for the accessory dwelling, it must be co-located with the mailbox for the principal dwelling, in accordance with US Postal Service regulations. 4. One parking space, in addition to that required for the principal dwelling, must be provided. 5. Accessory dwellings must comply with the Building Code, be installed on a permanent foundation and must maintain the appearance of the principal dwelling, including colors, materials and architectural style. 6. Accessory dwellings may not have separate vehicular access from the street. If the lot abuts an alley, access to
the accessory dwelling may be from the alley regardless of whether the principal dwelling has access from the alley. 7. An accessory dwelling may not be sold separately from the principal dwelling unless there is sufficient lot
area to subdivide the property into lots meeting the area and dimensional requirements of the district. 8. If an existing residential garage is converted to an accessory dwelling, off-street parking requirements for the principal dwelling and accessory dwelling must be met concurrently with the conversion.
§7.01.05 Submittal requirements:
1. A scaled site drawing showing all existing structures and proposed structure if any 2. An elevation drawing showing the proposed height of the structure 3. A rendering showing exterior materials and colors and/or samples of the same 4. A scaled foundation and interior floor plan
Page 3 of 5
Article 12. – Board of Zoning Adjustment
Below is the staff assessment of the three general question applicable to Special Exception (§12.03.04): 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
Table 4-1, Accessory Dwellings are allowed by Special Exception in R-2 Single Family Residential Zoning
Districts, subject to §7.01
2. Is the proposed use an allowable Special Exception, and not a prohibited use in an R-2 district?
The requested use is an allowable Special Exception and is not specifically a prohibited use in an R-2 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 R-2 district. Proposed Accessory Dwelling is located in the rear yard attached to the rear of the existing
structure. It will maintain the existing/required 10 feet side setbacks for the district and will meet all requirements
of Building Code.
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 (§12.03.04):
1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed; or
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 owner vehicles, and tenant vehicles be parked and/or stored?
ANAYLSIS/EVALUATION:
Applicant is proposing to construct an accessory dwelling unit attached to the rear of the existing dwelling at 319
South Washington Street. The property is approximately 15,500 square feet and the existing home has an
approximate footprint of 2,400 square feet. Entry to the existing structure and the proposed accessory dwelling will
be via the existing driveway at the left (north) of the property.
Accessory Dwelling Units are allowable in R-2 Single Family Zoning Districts via the Special Exception process.
Please see above reference to Zoning Ordinance §7.01 Accessory Dwellings for regulations and requirements of
Accessory Dwelling Units. As proposed, Accessory Dwelling Unit will meet all requirements of the Prattville
Zoning Ordinance, with the exception of §7.01.03 Area and Dimensional Requirements, which the Board will hear
with case 220510-03.
Page 4 of 5
PLANNING STAFF EVALUATION:
Reviewed by: Darrell Rigsby, Senior Planner
Evaluation: Subject property is located within the Prattville Historic District and the residential area of
Downtown Prattville. The downtown area is an appropriate area for Accessory Dwelling units and
increased residential density. This request only pertains to the Accessory Dwelling use, not size,
character etc. The board must determine if this location is appropriate for an Accessory Dwelling
use.
If the Board approved this Special Exception, BZA Variance Case 220510-03 will determine the
allowable size, character and details of the Accessory Dwelling unit proposed.
This property is located in the Prattville Historic Preservation Commission and any exterior
modifications to structures in the HPC must go before the Commission for review.
Page 5 of 5
Proposed Structure
Side Elevations (Provided by Applicant)
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Board of Zoning Adjustment
Staff Report
Variance 220510-03
MEETING DATE: May 10, 2022
PETITIONER: Lisa & James Sherrill
PROPERTY OWNER: Lisa & James Sherrill
SUBJECT SITE: 319 S. Washington
REQUEST: Accessory Dwelling to exceed the maximum size allowed
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: Downtown
SURROUNDING LAND North: Single-Family Residential (R-2) USES AND ZONING: South: Single-Family Residential (R-2) East: Single-Family Residential (R-2)
West: Commercial (B-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 the construction of an accessory dwelling unit that exceeds the maximum of 50% of the gross floor area of the principal dwelling or 1,000 sf, whichever is more restrictive. Proposed
Accessory Dwelling Unit is approximately 1,855 sf per provided plans.
Page 2 of 4
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below:
§7.01 Accessory Dwellings
Accessory Dwellings may only be permitted as an accessory use to a permitted single-family detached dwelling in accordance with the following:
§7.01.01 Permit Required. An Accessory Dwelling Permit is required for all accessory dwellings. Accessory dwellings may be maintained in perpetuity but only in compliance with these regulations. Any accessory dwelling permitted use will automatically expire whenever:
1. The accessory dwelling is altered to the extent it no longer conforms to the plans approved by the City 2. Required off-street parking is no longer provided on the premises 3. The permittee ceases to own or reside on the premises (applies to R-1, R-2 and FAR Districts only)
§7.01.02 Limitation in R-1, R-2 and FAR Districts. Because the R-1, R-2 and FAR Districts are intended for single family detached dwellings, an accessory dwelling may only be permitted when the owner of the principal dwelling resides on the
premises. This ensures that the accessory dwelling remains subordinate to the principal dwelling.
§7.01.03 Area and Dimensional Requirements. Accessory dwellings are permitted only on lots of at least 7,500 sf, except where the district requires a larger lot. If the principal dwelling is not connected to sanitary sewer service, minimum lot
requirements of the health department or similar authority apply to each of the dwellings.
1. Accessory dwellings must be set back from lot lines as required in §4.01.03 Additional Regulations. If detached from the principal dwelling, the accessory dwelling must be set back at least ten feet from the
principal dwelling. 2. The habitable floor area of an accessory dwelling must be at least 200 sf but not more than 50% of the gross floor area of the principal dwelling or 1,000 sf, whichever is more restrictive. If detached, accessory dwellings are also subject to the cumulative area permitted for accessory structures. 3. Detached accessory dwellings may not be located closer to any front lot line than the principal dwelling.
§7.01.04 Additional Requirements
1. Separate utility meters are not permitted for Accessory Dwellings. 2. No more than one accessory dwelling is permitted on the lot of a single-family detached dwelling, regardless of the lot size. 3. Accessory dwellings may have a separate 911 address for emergency purposes. If a separate mailbox is used for the accessory dwelling, it must be co-located with the mailbox for the principal dwelling, in accordance
with US Postal Service regulations. 4. One parking space, in addition to that required for the principal dwelling, must be provided. 5. Accessory dwellings must comply with the Building Code, be installed on a permanent foundation and must
maintain the appearance of the principal dwelling, including colors, materials and architectural style. 6. Accessory dwellings may not have separate vehicular access from the street. If the lot abuts an alley, access to the accessory dwelling may be from the alley regardless of whether the principal dwelling has access from the
alley. 7. An accessory dwelling may not be sold separately from the principal dwelling unless there is sufficient lot area to subdivide the property into lots meeting the area and dimensional requirements of the district. 8. If an existing residential garage is converted to an accessory dwelling, off-street parking requirements for the principal dwelling and accessory dwelling must be met concurrently with the conversion.
§7.01.05 Submittal requirements:
1. A scaled site drawing showing all existing structures and proposed structure if any 2. An elevation drawing showing the proposed height of the structure 3. A rendering showing exterior materials and colors and/or samples of the same
4. A scaled foundation and interior floor plan
Page 3 of 4
Article 12. – Board of Zoning Adjustment
§12.04 Variances
§12.04.01 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 is observed and substantial justice
done.
§12.04.02 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 may the Board grant a variance that permits the land or structure to be occupied by a use
prohibited in the applicable zoning district.
§12.04.03 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 as otherwise permitted by this Ordinance. Variances are
limited to the minimum adjustment necessary to enable the reasonable use of the land.
§12.04.04 The Board uses the following guidelines in evaluating variance requests:
1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and
which are generally not applicable to other lands structures, or buildings in the same district.
2. 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. The special conditions, for which relief is sought, did not result from actions of the applicant (self-imposed
hardship);
4. Granting of the variance is in harmony with the intent and purposes of the ordinance;
5. The variance will not adversely affect surrounding property, the general neighborhood, or the community as a
whole;
6. The variance will not allow the establishment of any use expressly or by implication prohibited in the applicable
district;
7. The variance requested is the minimum adjustment necessary to enable the legal use of the land or structure.
ANAYLSIS/EVALUATION:
Applicant is proposing to construct an accessory dwelling unit attached to the rear of the existing dwelling at 319
South Washington Street. 319 South Washington Street is a 2016 square feet, one story framed bungalow style
home built in 1921. Dimensions are approximately 30 feet wide by approximately 70 feet deep, with additional
porches on the front and side elevations. The applicant is proposing to add a 1.5 story, 1,855 square feet addition to
the rear of the existing structure. Proposed addition will maintain the width of the existing structure, and extend
approximately 52 feet into the rear yard.
Visibility from South Washington Street will be somewhat limited as the addition will maintain the width of the
main residence. Proposed addition will have a height slightly higher than the main structure’s primary roof peek.
Proposed structure will maintain a similar roof pitch, materials and style as the existing house. The applicant is
proposing to continue similar design elements of the existing house, using lap siding and similar windows, doors,
and trim offering compatibility with the original house.
Addition has a footprint of approximately 2,005 square feet, including connector and side porches. The existing
primary structure has a footprint of approximately 2,400 including all porches.
Per Prattville Zoning Ordinance, §7.01.03 Area and Dimensional Requirements., 2., The habitable floor area of
an accessory dwelling must be at least 200 sf but not more than 50% of the gross floor area of the principal
dwelling or 1,000 sf, whichever is more restrictive. As stated above, habitable floor area of 1,855 square feet for
proposed accessory dwelling is almost two times the maximum 1,000 square feet allowed by Ordinance.
Proposed addition will not encroach on any property setbacks and will meet all other requirements of the Zoning
Ordinance.
Page 4 of 4
PLANNING STAFF EVALUATION:
Reviewed by: Darrell Rigsby, Senior Planner
Applicant’s Hardship: No hardship listed on application
Evaluation: The board shall determine if a legitimate hardship is found with the allowed size of accessory
dwellings in the ordinance. 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.
Pictures:
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Page 1 of 4
Board of Zoning Adjustment
Staff Report
Special Exception 220510-01
MEETING DATE: May 10, 2022
PETITIONER: Anna Bastida for Bastida Studios
PROPERTY OWNER: Anna Bastida
SUBJECT SITE: 745 North Court Street
REQUEST: To operate an educational and entertainment business out of the home
CURRENT ZONING: R-3 Single-Family Residential
LOCATION: 745 North Court 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: 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 to offer and host various entertainment, education and art classes, including, but not limited to: Art gallery, fortune telling, shiatsu,
birthday parties, costume parties, photo shoots, singing classes, meditation classes, dance classes, yoga classes, music classes, petting zoo, REIKI, private tutoring, life coaching, holistic health classes.
2. Petitioner is requesting to place a business sign on the property
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 home occupation to offer and host various entertainment, education and art classes, including, but not limited to: Art gallery, fortune telling, shiatsu, birthday parties, costume parties, photo shoots, singing classes, meditation classes, dance classes, yoga classes, music classes, petting zoo, REIKI, private tutoring, life coaching,
holistic health classes.
Page 2 of 4
Subject property is approximately 1.57 acres that is partially wooded on North Court Street. Subject property is
surrounded on all four sides by medium density residential developments. Live Oak neighborhood borders the subject property to the north and west. Older, individual single-family homes border the subject property to the south, and across N. Court Street to the east.
Additionally, petitioner is requesting permission to place a sign along North Court Street, near the property driveway.
Below is the staff assessment of the three general questions applicable to Special Exceptions (§12.03.04): 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 be contrary to the public interest and will not be in the spirit of the zoning ordinance. Per
§7.09.01, “Home occupations are businesses carried on in a dwelling unit that are limited in extent and clearly
incidental and secondary to the use of the property for residential purposes. A home occupation is to allow for the
employment of an occupant of the dwelling in limited commercial activity without changing the character of
the surrounding residential area.”
§7.09.05. c. states: “For music instruction, tutoring, or similar teaching, professional or consulting services
involving clients coming to the home, animal grooming, cosmetology, and similar services, 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.”
2. Is the proposed use an allowable Special Exception, and not a prohibited use in an R-3 district?
The requested use is not specifically a prohibited use in an R-3 district.
3. Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses?
The proposed use may cause a substantial adverse impact on property or improvements in the vicinity or in this R-
3 district. Property owner has approximately 1.5 acres surrounded by more dense residential neighborhoods.
Subject property adjoins 8 properties and is directly across the street from 3 others.
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 (§12.03.04):
1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed; or
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 3 of 4
The following are suggested questions, additional information, and/or conditions that may be considered:
1. Parking and equipment – where will owner vehicles, customer vehicles and equipment (e.g. trucks, trailers) be
parked and/or stored?
§7.09.05.1.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. Ingress/egress to property – How will the facility be accessed by customers, clients, students, and parents?
3. Number of customers/clients served – How many total customers/clients will be served at this location? A
suggested condition on this request would be to set a maximum number of customers/clients/students to be on-site
or served at any given time or day.
§7.09.05.1.c. states: c. For music instruction, tutoring or similar teaching, professional or consulting services involving clients coming to the home, animal grooming, cosmetology, and similar services, 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. This number may be reduced by the Board of Adjustment;
4. Outdoor activities – Where, when, and what type of activities will take place outdoors on the property?
5. Time – During what hours would the proposed facility operate? A suggested condition would be to set acceptable
operating hours.
6. Applicant is requesting to place a sign by the road.
a. 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.
PLANNING STAFF EVALUATION:
Reviewed by: Darrell Rigsby, Senior Planner
Evaluation: Proposed Home Occupation does not appear to meet the guidelines and intent of a home occupation
in the Ordinance. Subject property is not an appropriate location for the intensity of the proposed
educational and entertainment business. Per Home Occupation requirements, 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. Additionally, permanent signs are prohibited in residential districts.
The Board must determine if the proposed home occupation meets the guidelines and intent of a
home occupation and if the property is an appropriate location for the intensity of the proposed
business activities.
Page 4 of 4
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From:Rigsby, Darrell
To:Morgan, Alisa
Cc:Stephens, Scott
Subject:FW: 745 N. Court Street Home Occupation - Parking on North Court Street
Date:Monday, May 9, 2022 10:35:58 AM
Attachments:image001.pngimage001.pngScope of Work.pdf
Ms. Alisa,
Please add to packet for 745 N. Court Street below statement from the City Engineer concerning
parking on the street.
Darrell D. Rigsby
Senior Planner
p: 334.595.0502
e: darrell.rigsby@prattvilleal.gov
From: Anderson, Robby
Sent: Monday, May 9, 2022 10:12 AM
To: Rigsby, Darrell <Darrell.Rigsby@prattvilleal.gov>
Subject: Re: 745 N. Court Street Home Occupation - Parking on North Court Street
Current conditions do not allow for parking on the row.
On May 9, 2022, at 9:56 AM, Rigsby, Darrell <Darrell.Rigsby@prattvilleal.gov> wrote:
Mr. Anderson,
Ms. Anna Bastida has applied for a Tier 2 Home Occupation license at 745 N. Court
Street to host education and entertainment activities at her home/property. Item #9 of
the attached “Scope of Work” from the applicant states “There is ample parking spaces
along N. Court St. easement…”
Can you provide an opinion concerning participants of the education and
entertainment business parking on the street at this location?
Darrell D. Rigsby
Senior Plannerp: 334.595.0502e: darrell.rigsby@prattvilleal.gov