2209 September 13 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 September 13, 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: Loyalty…Demonstrating commitment to others.
Committee Reports:
Old Business: None
New Business:
1. 220913-01 SPECIAL EXCEPTIONTo allow a mini-storage facility in a B4 District. 284 Interstate Commercial Park Loop Dilip Haribhai Patel, Petitioner
Public Hearing
District 3
2. 220913-02 SPECIAL EXCEPTION:To allow a mini-storage facility in Downtown Overlay District 475 E Main Street Preston & Stacey Jennings, Petitioners
Public Hearing District 2
Minutes: August 9, 2022
Adjourn:
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City of Prattville Board of Zoning Adjustment 1 Minutes 2 August 9, 2022 3
4
5 CALL TO ORDER: 6 The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:02 p.m. on 7 Tuesday, August 9, 2022 in the Prattville City Hall Council Chambers. After the pledge of Allegiance, Mr. 8 Crosby 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. Barrett moved to approve the minutes of the June 14, 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 Humility...Acknowledging that achievement results from others’ 25 investment in life. 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 NEW BUSINESS: 37 VARIANCE 38 To allow a manufactured home in a single-family residential district. 39 941 Lower Kingston Road 40 Austin Mitchell, Petitioner 41
42 This item was withdrawn at the petitioner’s request (letter attached and made a part of the minutes). 43
44 SPECIAL EXCEPTION: 45 Accessory Dwelling 46 260 Wetumpka Street 47 Christine & Kevin Cash, Petitioners 48
49
Mr. Rigsby introduced the special use request to allow an accessory dwelling on property located at 260 50 Wetumpka Street. He stated that the petitioner received BZA approval for this request in November 2021 51 for setback along Northington Street and has also received a Certificate of Appropriateness approval from 52
the Historic Preservation Commission (HPC). 53
54
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Kevin Cash, the petitioner, presented the request to allow an accessory dwelling on property located at 55 260 Wetumpka Street. He stated that the unit will be accessed by the existing driveway which currently 56 has adequate parking spaces. 57 58 Chairman Knapp opened the floor for public comments. Betsy Carter, 327 S. Washington Street, spoke 59 in opposition to the request. 60 61 Lia Muir, 301 Wetumpka Street, spoke in favor of the request. After no further comments, the public 62 hearing was closed. 63
64 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. 65 Crosby moved to establish the findings of fact stating that 1) the development of the proposed use is in 66
the public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed 67 accessory dwelling is an allowable special exception, and is not a prohibited use in a R-2 district; and 3) 68 the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. 69
Duke seconded the motion. The motion to approve the findings of fact passed unanimously. 70 71 After no further discussion, the vote was called. Mr. Barrett moved to approve the request as proposed 72 based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed 73 unanimously. 74 75 VARIANCE: 76 Accessory Dwelling-Exceed the maximum size 77 260 Wetumpka Street 78 Christine & Kevin Cash, Petitioners 79 80 Mr. Rigsby introduced the variance request to allow an accessory dwelling to exceed the maximum 81 allowed size on property located at 260 Wetumpka Street. He stated that the proposed structure exceeds 82 the maximum of 1,000 ft2 according to the Zoning Ordinance. The proposed structure is approximately 83
1,995 ft2, which is approximately 80% of the size of the main structure of 2,460 ft2. 84 85 Chairman Knapp opened the floor for public comments. Betsy Carter, 327 S. Washington Street, spoke 86
in opposition to the size of the proposed structure with the property being located in the Historic District. 87 88 Kevin Cash, the petitioner, stated that these are the same plans that that were presented to the HPC in a 89
public forum and there were no objections at that hearing. 90 91 Lia Muir, 301 Wetumpka Street, spoke in favor of the request. She stated that she lives directly across the 92 street and can’t see the back yard because the privacy fence along Northington Street. She stated that the 93 addition would not change the landscape of the area. 94 95 After no further comments, the public hearing was closed. 96 97 Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. 98 Chairman Knapp moved to establish the findings of fact stating that 1) a literal interpretation of the 99 zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same 100
district under the terms of the zoning ordinance; 2) that the special conditions and circumstances do not 101 result from actions of the applicant (self-imposed hardship); 3) that granting of a variance is in harmony 102 with the intent and purposes of the zoning ordinance; and 4) that a variance will not adversely affect the 103
surrounding property, the general neighborhood, or the community as a whole. Mr. Crosby seconded the 104 motion. The motion to approve the findings of fact passed unanimously. 105 106
After no further discussion, the vote was called. Mr. Crosby moved to approve the request as proposed 107 based on the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed 108
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unanimously. 109 110 MISCELLANEOUS: 111 112 ADJOURN: 113 After no further comments, questions, or discussion the meeting was adjourned at 4:48 p.m. 114 115 Respectfully submitted, 116 117
118
119 Alisa Morgan, Secretary 120 Board of Zoning Adjustment 121
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Board of Zoning Adjustment
Staff Report
Special Exception 220913-01
MEETING DATE: September 13, 2022
PETITIONER: Dilip Haribhai Patel
PROPERTY OWNER: Dilip Haribhai Patel
SUBJECT SITE: Interstate Highway Park Loop
REQUEST: Construction Multi-Story Indoor Self Storage Units in a B-4 zone
CURRENT ZONING: B-4 (Highway Commercial)
LOCATION: 284 Interstate Commercial Park Loop
SURROUNDING LAND North: B-4 (Highway Commercial)
USES AND ZONING: South: B-4 (Highway Commercial)
East: B-4 (Highway Commercial)
West: B-4 (Highway Commercial)
DEVELOPMENT STATUS & HISTORY: N/A
DESCRIPTION OF REQUEST:
1. A Special Exception has been requested for the construction of a multi-story indoor climate control self-
storage unit in a B-4 (Highway Commercial)
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested are referenced in the section described below:
Table 5-1: Uses Permitted in Nonresidential Districts
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§7.14 Mini-Storage Facilities
§7.14.01 The use of storage compartments is limited to the storage of personal property. However, this does not preclude
periodic auctions held on the premises to dispose of abandoned items.
§7.14.02 No storage of volatile, toxic or explosive materials is permitted, either inside the structure or on the
premises
§7.14.03 The Director may require screening around the perimeter of the site as part of Site Plan approval. Any
outdoor storage must be screened from public view and from adjoining properties as required in §10.03
Screening.
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 5-1, Mini-Storage Facilities are allowed by Special Exception in a B-4 Highway Commercial Zoning
Districts, subject to §7.14
2. Is the proposed use an allowable Special Exception and not a prohibited use in a B-4 district?
The requested use is an allowable Special Exception and is not specifically a prohibited use in a B-4
district.
3. Does the proposed use cause a 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 B-4 district. The proposed construction is located in the rear of a cluster of businesses, and the parcels to the
north, south, east, and west are vacant.
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.
PLANNING STAFF EVALUATION:
Reviewed by: Tommie Williams, Planner
ANALYSIS/EVALUATION:
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The applicant is proposing to construct a multi-story indoor climate control self-storage building in a B-4 district. It should
be noted that there should be no storage of volatile, toxic, or explosive materials. If the applicant is proposing outdoor
storage it must be screened from public view and from adjoining properties as required in §10.03 Screening.
Self-Storage Units are allowable in B-4 (Highway Commercial) Districts via the Special Exception process. Please see the
above reference to Zoning Ordinance §7.14 Mini Storage Facilities for regulations and requirements of Mini Storage
Facilities Units. As proposed, the Mini Storage Facilities Unit will meet all requirements of the Prattville Zoning Ordinance.
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#220913-02; Page 1 of 3
Board of Zoning Adjustment
Staff Report
Special Exception 220913-02
MEETING DATE: September 13, 2022
PETITIONER: Preston & Stacey Jennings
PROPERTY OWNER: American Legion Post 122
SUBJECT SITE: 475 E Main St
REQUEST: Mini-storage facility located in the Downtown Overlay District
CURRENT ZONING: B-2 (General Business) & Downtown Overlay District
LOCATION: North side of E Main Street, east of New Moon Dr and west of RR crossing
SURROUNDING LAND North: B-2 and R-3 (Oak Hill Cemetery) USES AND ZONING: South: B-2 (General Business) East: B-2 (General Business) West: B-2 (General Business)
DEVELOPMENT STATUS & HISTORY: N/A
DESCRIPTION OF REQUEST:
1. A Special Exception has been requested for the construction of a mini-storage facility in the Downtown
Overlay District
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested are referenced in the section described below:
Table 5-1: Uses Permitted in Nonresidential Districts (excerpt)
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§6.03.02 Use Standards
1. Where permitted in the underlying zoning district, the following uses require Special Exception approval by the Board:
d. mini-storage facility (also subject to subject to §7.14)
§7.14 Mini-Storage Facilities
§7.14.01 The use of storage compartments is limited to the storage of personal property. However, this does not preclude periodic auctions held on the premises to dispose of abandoned items.
§7.14.02 No storage of volatile, toxic or explosive materials is permitted, either inside the structure or on the
premises
§7.14.03 The Director may require screening around the perimeter of the site as part of Site Plan approval. Any
outdoor storage must be screened from public view and from adjoining properties as required in §10.03
Screening.
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 purpose of the Downtown Overlay District “is to assure new development, redevelopment and reinvestment
in Downtown Prattville is consistent with its walkable, historic development pattern and to promote a diversity of
business, institutional and other compatible uses” (§6.03). Because of the design requirements of the Downtown
Overlay District, the new structure will have to built with materials more compatible with the downtown area and
will have a less-obvious appearance of a typical mini-storage. However, mini-storage facilities are inherently
automobile dependent and would not be considered a walkable use.
2. Is the proposed use an allowable Special Exception and not a prohibited use in a B-2 district or Downtown
Overlay Zone? The requested use is an allowable Special Exception and is not specifically a prohibited use in a B-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 due
to is being an interior accessed, storage facility. However, the proposed use is dependent upon automobile a
moving truck traffic in and out of the facility.
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:
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1. Parking and equipment – what equipment, vehicles, etc, if any, may be stored on the property? Where will they be
stored and what screening is proposed?
PLANNING STAFF EVALUATION:
Reviewed by: Scott Stephens, City Planner
Evaluation: Subject property is located within the Downtown Overlay District, adjacent to the Prattville Historic
District. The purpose of this overlay is “is to assure new development, redevelopment and
reinvestment in Downtown Prattville is consistent with its walkable, historic development pattern
and to promote a diversity of business, institutional and other compatible uses.” The BZA should
determine if this use is compatible with that purpose and if the location is suitable for the
proposed use. The Board may impose conditions for approval that it deems necessary to protect
the public interest and the intent of the comprehensive plan and zoning ordinance. Conditions to
consider include additional landscaping or screening to shield the view of any on-site equipment
or vehicle parking/storage, and requiring vehicle parking/storage to be located in the rear of the
building.
Note that the applicant-submitted site plan and other information is only conceptual and has not
been fully evaluated for compliance with the zoning ordinance, building code, or other applicable
regulations.
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Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
80
'
-
0
"
SCALE:1/8" = 1'-0"
FLOOR PLAN
5'-0" x 7'-4"
Concrete Stoop
11
0
'
-
0
"
10' x 20'
Storage
03
10' x 20'
Storage
03
ELE. PANEL
EXISTING BLDG
5' x 10'
Storage
02
12
'
-
0
"
ROOM SCHEDULE
STORAGE
UNIT NO.UNIT SIZE NO. OF
UNITS
01 10' X 10' 16
02 5' X 10' 19
03 10' X 20' 61
19500 SF
5'-4"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"9'-4"5'-0"10'-4"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"7'-0"
10'-0"
20
'
-
0
"
5'
-
0
"
20
'
-
0
"
5'
-
0
"
10
'
-
0
"
14
'
-
8
"
5'
-
4
"
100'-0"
9'
-
1
0
"
10
'
-
2
"
5'
-
0
"
20
'
-
0
"
5'
-
0
"
10
'
-
0
"
5'
-
0
"
20
'
-
0
"
5'
-
0
"
20
'
-
0
"
80'-0"
6'
-
0
"
SHEET NO.:
AS SHOWN
SCALE:
PROJECT NO.:
DATE:
REVISION
REVISION NOTESNO.DATE
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5'-
0
"
x
7
'
-
4
"
Co
n
c
r
e
t
e
S
t
o
o
p
5'-
0
"
x
7
'
-
4
"
Co
n
c
r
e
t
e
S
t
o
o
p
5'-0" x 7'-4"
Concrete Stoop
5'-
0
"
x
7
'
-
4
"
Co
n
c
r
e
t
e
S
t
o
o
p
5'-
0
"
x
7
'
-
4
"
Co
n
c
r
e
t
e
S
t
o
o
p
5'-
0
"
x
7
'
-
4
"
Co
n
c
r
e
t
e
S
t
o
o
p
5'-0" x 10'-0"
Concrete Stoop
5'-
0
"
x
7
'
-
4
"
Co
n
c
r
e
t
e
S
t
o
o
p
180'-0"
170'-0"
BATH
HC
TO
W
E
L
R2'
-
9
"
FIRE
RISER
ROOM
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
5' x 10'
Storage
02
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 20'
Storage
03
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
10' x 10'
Storage
01
80
'
-
0
"
SCALE:1/16" = 1'-0"SITE PLAN
5'-0" x 7'-4"
Concrete Stoop
10' x 20'
Storage
03
10' x 20'
Storage
03
ELE. PANEL
EXISTING BLDG
5' x 10'
Storage
02
12
'
-
0
"
ASPHALT
ASPHALT
ASPHALT
ASPHALT
GRAVEL
GRAVEL
GRAVEL
GRAVEL
GRAVEL
GRAVEL
SHEET NO.:
AS SHOWN
SCALE:
PROJECT NO.:
DATE:
REVISION
REVISION NOTESNO.DATE
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Pr
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,
A
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a
b
a
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a
DR
A
F
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DR
A
F
T
DR
A
F
T
DR
A
F
T