2208 August 9 BZA (Draft)
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 August 9, 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: Humility...Acknowledging that achievement results from others’ investment in life. Committee Reports: Old Business: None
New Business:
1. 220809-01 VARIANCE: [WITHDRAWN] To allow a manufactured home in a single-family residential district. 941 Lower Kingston Road Austin Mitchell, Petitioner
Public Hearing
District 1
2. 220809-02 SPECIAL EXCEPTION: Accessory Dwelling 260 Wetumpka Street Christine & Kevin Cash, Petitioners
Public Hearing District 1
3. 220809-03 VARIANCE: Accessory Dwelling-Exceed the maximum size
260 Wetumpka Street Christine & Kevin Cash, Petitioners
Public Hearing District 1
Minutes:
June 14, 2022 Adjourn:
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June 14, 2022 Minutes
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City of Prattville Board of Zoning Adjustment 1 Minutes 2 June 14, 2022 3 4 5 CALL TO ORDER: 6 The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:00 p.m. on 7 Tuesday, June 14, 2022 in the Prattville City Hall Council Chambers. After the pledge of Allegiance, Mr. 8 Duke gave the invocation. 9
10 ROLL CALL: 11 Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Jerry Crosby, Mr. Greg 12
Duke, 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. Crosby moved to approve the minutes of the May 10, 2022, regular meeting. Ms. Johnson 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 Tolerance…Having an attitude of openness and respect for the 25 differences that exist among people. 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 There were no reports to be made. 32
33 OLD BUSINESS: 34 There was no old business to discuss. 35
36 Chairman Knapp changed the order that the agenda items were heard because the first petitioner was not 37 present at the time. 38 39 NEW BUSINESS: 40 SPECIAL EXCEPTION: 41 Retail Structure-Metal Siding 42 951 S. Memorial Drive 43 Jimmie D Durbin Family LLC, Petitioner 44 45 Mr. Rigsby introduced the special use request to allow a metal sided retail and storage building on 46
property located at 951 S. Memorial Drive. He stated that the zoning codes requires BZA approval for 47 any metal street-facing and side facades. 48 49
Jimmie Durbin, the petitioner, presented the request to allow a metal retail and storage building on 50 property located at 951 S. Memorial Drive. He stated that he is a long-time business owner in the city and 51 hopes his improvements will help revitalize Memorial Drive. He stated that he is not proposing any 52
signage. 53 54
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Chairman Knapp opened the floor for public comments. There were none. The public hearing was 55 closed. There were two letters of support received from Jerry Ware, 963 S. Memorial Drive and Linda 56 Colson, 1696 Pebble Creek Drive. (Attached and made a part of the minutes). 57 58 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 59 Barrett moved to establish the findings of fact stating that 1) development of the proposed use is in the 60 public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 2) the proposed 61 material is an allowable special exception, and is not a prohibited use in a B-1 district. Mr. Crosby 62 seconded the motion. The motion to approve the findings of fact passed unanimously. 63
64 After no further discussion, the vote was called. Mr. Crosby moved to approve the request as proposed 65 based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed 66
unanimously. 67 68 VARIANCE: 69 Landscaping 70 951 S. Memorial Drive 71 Jimmie D Durbin Family LLC, Petitioner 72 73 Mr. Rigsby introduced the variance request to eliminate the required landscaping buffer between 74 commercial use and residential use on property located at 951 S. Memorial Drive. He stated that in lieu 75 of ordinance required buffers, the applicant is proposing to install landscaping in the northeast and 76 southeast corners of the site that abut residential uses composed of shrubs and trees and the applicant is 77 proposing to install a 6’ privacy fence along the perimeter property lines. 78 79 Jimmie Durbin, the petitioner, presented the request to allow alternative buffer and vary the landscape 80 requirements on property located at 951 S. Memorial Drive. He stated that the proposed fence will run 81 along the perimeter of the property lines with gutters around the back which will clean up current water 82 issues. 83
84 Chairman Knapp opened the floor for public comments. There were none. The public hearing was 85 closed. 86
87 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 88 Crosby moved to establish the findings of fact stating that 1) that granting of a variance will not confer a 89
special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in 90 the same district; 2) granting of a variance is in harmony with the intent and purposes of the zoning 91 ordinance; and 3) that a variance will not adversely affect the surrounding property, the general 92 neighborhood, or the community as a whole. Mr. Barrett seconded the motion. The motion to approve 93 the findings of fact passed unanimously. 94 95 After no further discussion, the vote was called. Mr. Duke moved to approve the request as proposed 96 based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed 97 unanimously. 98 99 VARIANCE: 100 Addition-Adding to a legal non-conforming use 101 1976-1996 Fairview Avenue 102 Covered Bridge SC, LLC, Petitioner 103 104 Mr. Williams introduced the variance request to enclose an existing bank canopy on property located at 105 1976-1996 Fairview Avenue. He stated that the property is zoned F.A.R. but the current land use is 106
commercial. It is believed that when this parcel of land was annexed into the City of Prattville it was 107 given F.A.R zoning, which was standard at that time. The shopping center was constructed in 2004. He 108
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stated that commercial business is not allowed in a F.A.R district, therefore it is considered legal non-109 conforming. A legal nonconforming structure may not alter, enlarge, or intensify in any way that 110 increases the nonconformity and enclosing the canopy will enlarge the structure by 8 feet on each side. He 111 stated that the petitioner will be going before the Planning Commission to present its case for rezoning. 112 They are requesting the variance because of the long rezoning process by the Planning Commission and 113 City Council. 114
Lynn Moore of Moore Property Management, petitioner’s representative, presented the variance request 115 for adding to a legal non-conforming use on property located at 1976-1996 Fairview Avenue. She stated 116 that the current owner is extending their lease to remain at the present location. The rezoning process has 117
started but the rezoning time line is causing a delay in the project. 118
119 Chairman Knapp opened the floor for public comments. There were none. The public hearing was 120
closed. 121 122 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 123
Barrett moved to establish the findings of fact stating that 1) a literal interpretation of the ordinance would 124 deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms 125 of the ordinance; 2) the special conditions, for which relief is sought, did not result from actions of the 126 applicant (self-imposed hardship); 3) granting of the variance is in harmony with the intent and purposes 127 of the ordinance; 4) the variance will not adversely affect surrounding property, the general 128 neighborhood, or the community as a whole; and 5) the variance requested is the minimum adjustment 129 necessary to enable the legal use of the land or structure. Mr. Crosby seconded the motion. The motion 130 to approve the findings of fact passed unanimously. 131 132 After no further discussion, the vote was called. Ms. Johnson moved to approve the request as proposed 133 based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed 134 unanimously. 135 136 VARIANCE: 137 Billboard-To extend the use of a legal non-conforming sign 138 156 Fairview Avenue 139 Lamar Advertising, Petitioner 140 141 Mr. Stephens introduced the variance request to extend the use of a legal non-conforming use for a 142 billboard sign on property located at 156 Fairview Avenue. He stated that Lamar Advertising has held 143
and maintained the subject billboard sign for many years as a traditional, static-copy billboard sign. The 144 variance request is to replace the static display with a digital display. He stated that the sign application 145 was submitted in February 2022 during the city’s moratorium that was placed on signs in January 2022. 146 Once the new Zoning Ordinance was approved and the moratorium was lifted, the sign application was 147 reviewed and the submitted sign changes did not comply with the new Zoning Ordinance requirements. 148
Franklin Lemond along with Russ Bullard, petitioner’s representatives, presented the variance request for 149 variance to extend a legal non-conforming use on property located at 156 Fairview Avenue. Mr. Lemond 150 stated that the proposed sign will be the same size and height as the existing sign and only the west facing 151 side of the existing sign will be re-faced. 152
153 Chairman Knapp opened the floor for public comments. There were none. The public hearing was 154
closed. 155 156 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Ms. 157
Johnson moved to establish the findings of fact stating that 1) a literal interpretation of the ordinance 158 would deprive the applicant of rights commonly enjoyed by other properties in the same district under the 159 terms of the ordinance; 2) the special conditions, for which relief is sought, did not result from actions of 160
the applicant (self-imposed hardship); 3) the variance will not adversely affect surrounding property, the 161
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general neighborhood, or the community as a whole; and 4) the variance requested is the minimum 162 adjustment necessary to enable the legal use of the land or structure. Mr. Duke seconded the motion. The 163 motion to approve the findings of fact passed unanimously. 164 165 After no further discussion, the vote was called. Mr. Barrett moved to approve the request as proposed 166 based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed 167 unanimously. 168 169 MISCELLANEOUS: 170
171 ADJOURN: 172 After no further comments, questions, or discussion the meeting was adjourned at 5:23 p.m. 173
174 Respectfully submitted, 175 176
177
178 Alisa Morgan, Secretary 179 Board of Zoning Adjustment 180
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This email originated from outside the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe. If you are unsure if the email is safe, please forward it to help@prattvilleal.gov.
From:Jon Mitchell
To:Planning
Subject:[EXTERNAL]941 Lower Kingston RD
Date:Monday, August 1, 2022 2:53:47 PM
Austin Mitchell is withdrawing his request for a Variance at this time for the property locatedat 941 Lower Kingston rd
Thanks,Jon Mitchell
Blue Haven Pools Central AlConstruction Manager
M) (334)-324-2941O) (334)-277-3100
jmitchell@bluehaven.comwww.bluehaven.com/montgomery
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Board of Zoning Adjustment
Staff Report
Special Exception 220809-02
MEETING DATE: August 09, 2022
PETITIONER: Christine & Kevin Cash
PROPERTY OWNER: Christine & Kevin Cash
SUBJECT SITE: 260 Wetumpka Street
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: Institutional (R-2)
East: Single-Family Residential (R-2)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: Variance 211109-01 (Nov. 09, 2021)
Conditions of Previous Approval: Setback variance along Northington, approved as submitted
DESCRIPTION OF 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
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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 260
Wetumpka Street. The proposed accessory dwelling will be border N. Northington Street. The property is
approximately 22,000 square feet (1/2 acre) and the existing home is approximately 2,461 sqft (per tax records).
Entry to the existing structure and the proposed accessory dwelling will be via the existing driveway at the right
(west) of the property and structures.
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 220809-03. Additionally, a variance was previously granted by this Board for reduction in front yard
setback along Northington Street for this addition, BZA 211109-01.
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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 220809-03 will determine the
allowable size, character and details of the Accessory Dwelling unit proposed.
Previous BZA case heard November 09, 2021 (Variance 211109-01) requested a variance to
encroach 23 ft into the Zoning Ordinance required 35 ft secondary front yard, along Northington
Street. This home is Historic and developed many years prior to Prattville establishing Zoning,
however, it doesn’t meet current standards. Variance will allow applicant to construct addition or
additional structure in line with the current structure, approximately 12 ft from the property line.
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. This project was
granted a Certificate of Appropriateness from the HPC for this design December 07, 2021 (HPC
COA2112-01).
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Proposed Structure
Side Elevations (Provided by Applicant)
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Proposed Addition Location (Item 1) (provided by petitioner)
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Addition - Overhead Site Drawing (provided by petitioner)
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Zoning Map - 260 Wetumpka Street
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Downtown Commercial & Mixed Use
Conservation & Green Space I
Conservation & Green Space II
Mixwed-Use Residential
Mixed-Use Commercial
Open Space
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General Industrial
Light Industrial
General Institutional
Medium Density Residential
Medium Density Residential - Powell/Hwy 31
Very Low Density Residential
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Board of Zoning Adjustment
Staff Report
Variance 220809-03
MEETING DATE: August 09, 2022
PETITIONER: Christine & Kevin Cash
PROPERTY OWNER: Christine & Kevin Cash
SUBJECT SITE: 260 Wetumpka Street
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: Institutional (R-2)
East: Single-Family Residential (R-2)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: Variance 211109-01 (November 09, 2021)
Conditions of Previous Approval: Setback variance along Northington – Approved as submitted
Previous Requests: Special Exception 220809-02 (August 09, 2022)
Conditions of Previous Approval: TBD
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 sqft, whichever is more restrictive. Proposed
Accessory Dwelling Unit is approximately 1,995 sqft per provided plans, which is approximately 80% of the
size of the existing structure of 2,460 sqft.
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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
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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 260
Wetumpka Street. 260 Wetumpka Street is a 2,461 square feet, one story Colonial-Revival style home built ca.
1935. Dimensions are approximately 50 feet wide by approximately 50 feet deep, with additional porches on the
front and rear elevations. The applicant is proposing to add a 2 story, 1,995 square feet conditioned addition to the
rear of the existing structure.
260 Wetumpka Street is located on a corner lot at the southwest corner of Wetumpka Street and Northington Street.
The house’s primary frontage is Wetumpka Street (to the north) and the secondary frontage along Northington
Street (to the east). The proposed addition is located at the rear elevation of the main house, on the eastern side of
the lot, bordering Northington Street. Visibility from Wetumpka Street, primary frontage, will be somewhat limited
as the addition will be slightly recessed by several feet from the eastern side of the main residence and fully
obstructed by the main residence from the western side of the property. However, visibility from Northington Street
is significant. Proposed addition will have a height slightly lower than the main structure’s primary roof peek,
however, slightly higher than the secondary rooflines. 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 masonry plank siding and similar windows and doors offering compatibility with the original
house.
Addition has a footprint of approximately 1,400 square feet, including connector and rear deck and a conditioned
space of approximately 1,995 square feet. The existing primary structure has a footprint of approximately 3,000
square feet including all porches and a conditioned space of approximately 2,450 square feet.
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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 1,995 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, with the exception of the setback variance approved December 2021 by BZA to encroach up to 23’ into
the Northington Street setback to align with the existing residence, having an actual setback of approximately 12
feet (BZA 211109-01).
PLANNING STAFF EVALUATION:
Reviewed by: Darrell Rigsby, Senior Planner
Applicant’s Hardship:
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.
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PICTURES
Existing Front
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Proposed Addition Location (Item 1) (provided by petitioner)
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View into Back Yard (Proposed Addition Location) (provided by petitioner)
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Northington Street View
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Addition - Overhead Site Drawing (provided by petitioner)
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Side Elevations (provided by petitioner)
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Aerial Map - 260 Wetumpka Street
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Legend
Project Area
Prattville City Limit
Autauga_Parcels
Elmore_Parcels
Streets
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Location Map - 260 Wetumpka Street
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Legend
Project Area
Prattville City Limit
Autauga_Parcels
Elmore_Parcels
Streets
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Zoning Map - 260 Wetumpka Street
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Legend
Project Area
Prattville City Limit
Autauga_Parcels
Elmore_Parcels
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Future Land Use Map - 260 Wetumpka Street
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Legend
Project Area
Prattville City Limit
Autauga_Parcels
Elmore_Parcels
Downtown Commercial & Mixed Use
Conservation & Green Space I
Conservation & Green Space II
Mixwed-Use Residential
Mixed-Use Commercial
Open Space
General Commercial & Mixed Use
General Industrial
Light Industrial
General Institutional
Medium Density Residential
Medium Density Residential - Powell/Hwy 31
Very Low Density Residential
Low Density Residential
Streets
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