2301-Jan 10 BZA Pkt (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 January 10, 2023 4:00pm Call to Order: Roll Call: Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson. Committee Reports: Old Business: None
New Business: 1. 230110-01 SPECIAL EXCEPTION: To operate a home business. 373 Wetumpka Street
Bob Burton, Petitioner
Public Hearing
District 2
2. 230110-02 VARIANCE: Signs-to vary from the requirements. 110 Bridge Street, 71 Maple Street, 81 Maple Street, 91 Maple Street Chambless King Architects, Petitioner
Public Hearing District 1
Minutes: November 8, 2022 Miscellaneous: Bylaws Review:
Election of Officers: Adjourn:
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Prattville Board of Zoning Adjustment
November 8, 2022 Minutes
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City of Prattville Board of Zoning Adjustment 1 Minutes 2 November 8, 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, November 8, 2022 in the Prattville City Hall Council Chambers. After the pledge of Allegiance, 8 Mr. Parker gave the invocation. 9
10 ROLL CALL: 11 Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Greg Duke, and Ms. 12
Sarah Johnson. Mr. Jerry Crosby was absent. Also present was supernumerary members Mr. Neal Parker 13 and Mr. Michael Whaley. 14 15
Quorum Present 16 17 Staff present were Mr. Scott Stephens, City Planner; Mr. Tommie Williams, Planner; and Ms. Alisa 18 Morgan, Secretary. 19 20 21 CHARACTER TRAIT OF THE MONTH: 22 The Character Trait of the Month is Honesty… Being truthful in what I say and do. 23 24 Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure 25 of the meeting. 26 27 COMMITTEE REPORTS: 28 There were no reports to be made. 29
30 OLD BUSINESS: 31 There was no old business to discuss. 32 33 NEW BUSINESS: 34 VARIANCE: 35 To allow commercial use in a FAR Zoning District 36 Fairview Ave and Summit Pkwy 37 Tom Allen, Petitioner 38 39 Mr. Stephens presented the variance request to allow commercial use on property zoned FAR located at 40 the southeast corner of Fairview Avenue and Summit Parkway. He stated that the property went through 41 the process to be rezoned to B-2 and was denied approval by City Council. Now the petitioner is 42 requesting a use variance by this board to allow business use other than NAICS code 445110. He stated 43 that staff recommends that the use be limited to allowable uses permitted by right in B-2 if the Board 44 wishes to consider granting approval. 45 46
Kyle Shirley, petitioner’s representative, presented the variance request to allow commercial use in a FAR 47 district. He stated that the owner has a potential buyer but no defined use at this time. He stated that they 48 looked for the least restrictive NAICS code that provided for public safety. He also stated that this 49
request was suggested after City Council denied the rezoning to meet the needs of the property owners 50 and the city’s concern about public safety. 51 52
Ed Fleming of Hodges Commercial Real Estate, petitioner’s representative, stated that the property is 53 currently being taxed as commercial property. 54
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November 8, 2022 Minutes
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55 Chairman Knapp opened the floor for public comments. Mayor Bill Gillespie spoke in favor of the 56 request. After no further comments, the public hearing was closed. 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) the variance request is in the best interest of 60 the City of Prattville; 2) the request will be in keeping with the business uses in the area; and 3) the 61 proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses and is an 62 acceptable use. Mr. Parker seconded the motion. The motion to approve the findings of fact passed 63
unanimously. 64 65 After no further discussion, the vote was called. Mr. Parker moved to approve the request as proposed 66
based on the approved findings of fact contingent that the uses are allowed as permitted under B-2 zoning 67 regulations with the exception of uses under NCAIS Code 445110 as submitted by the petitioner. Mr. 68 Whaley seconded the motion. The motion to approve passed unanimously. 69 70 SPECIAL EXCEPTION: 71 Outdoor Parking Storage 72 2181 Cobbs Ford Road 73 Ray Boles, Petitioner 74 75 Mr. Williams introduced the special exception request to allow outdoor storage on property located at 76 2181 Cobbbs Ford Road. 77 78 Ray Boles, petitioner, presented the request to allow outdoor storage on property located at 2181 Cobbs 79 Ford Road. He stated that they are proposing to store trailers and small RVs. 80 81 Chairman Knapp opened the floor for public comments. With no public comments, the public hearing 82 was closed. 83
84 Chairman Knapp opened the discussion for the Board. Chairman Knapp opened the discussion for the 85 Board. After their discussion, the vote was called. Mr. Barrett moved to establish the findings of fact 86
stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of 87 Prattville Zoning Ordinance; 2) the proposed material is an allowable special exception, and is not a 88 prohibited use in a B-2 district; and 3) the proposed use will not cause substantial adverse impact to 89
adjacent or nearby properties or uses and requires the following conditions and safeguards to mitigate any 90 impact to adjacent properties and land uses: 91 I. Ingress and egress to the property, 92 II. Screening and buffer zones. 93 Ms. Johnson seconded the motion. The motion to approve the findings of fact passed unanimously. 94 95 After no further discussion, the vote was called. Mr. Parker moved to approve the request as proposed 96 based on the approved findings of fact. Mr. Barrett seconded the motion. The motion to approve passed 97 unanimously. 98 99 MINUTES: 100
Mr. Barrett moved to approve the minutes of the October 11, 2022, regular meeting. Mr. Parker seconded 101 the motion. The motion to approve passed unanimously. 102 103 MISCELLANEOUS: 104 105 ADJOURN: 106
After no further comments, questions, or discussion the meeting was adjourned at 4:41 p.m. 107 108
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November 8, 2022 Minutes
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Respectfully submitted, 109 110 111
112 Alisa Morgan, Secretary 113 Board of Zoning Adjustment 114
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Board of Zoning Adjustment
Staff Report
Special Exception 230110-01
MEETING DATE: January 10, 2023
PETITIONER: Bob Burton
PROPERTY OWNER: Bob Burton
SUBJECT SITE: 373 Wetumpka Street
REQUEST: To operate a home business
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: Wetumpka Street
SURROUNDING LAND North: Single-Family Residential (R-3) USES AND ZONING: South: Single-Family Residential (R-2) East: Single-Family Residential (R-2)
West: Single-Family Residential (R-2)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Special Exception to operate a home occupation
ZONING ORDINANCE REFERENCED:
§7.09 Home Occupations
§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.
§7.09.02 All home occupations must be permitted prior to receiving a business license, and no home occupation
may operate without obtaining a valid business license from the City. Permits are only valid for the original applicant, use and location, and are void if a business license is not obtained within 90 days of approval. Applications for home occupations must be on forms provided by the Director.
§7.09.03 General Standards
1. No more than 25% of the total gross floor area of the dwelling may be used for the home occupation.
2. The business owner must observe any private covenants or restrictions applicable to the property. 3. No equipment or process may be used in the home occupation which creates noise, vibration, glare, smoke, fumes, odors, or is dangerous or otherwise detrimental to persons in the home or adjacent
areas.
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4. Any necessary parking must be provided off-street and must be in addition to what is required for the dwelling and may not be in the front yard.
§7.09.05 Tier 2 Home Occupations 1. Tier 2 Home Occupations require Special Exception approval from the Board of Adjustment. Examples of Tier 2 home occupations include, but are not limited to: on-site music instruction and tutoring, professional offices involving client visits, small engine repair, cosmetology, animal grooming, any home occupation employing someone not living on the property, Tier 1 home occupations that are
unable to meet one or more of the criteria listed in §7.09.04.1, and other activities which the Director
determines to be substantially similar in character, nature, intensity, or impact to these. Tier 2 home
occupations must comply with the following criteria: a. At least one resident of the dwelling must be engaged in the home occupation and no more than one non-resident may be engaged or employed in the business activity;
b. Any business-related materials or equipment, including trailers, must be kept inside the dwelling or accessory structure 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. 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; d. Small engine repair is limited to small engines no larger than two cylinders used in lawnmowers, trimmers, and similar lawn equipment; e. Any other restrictions or conditions required by the Board of Adjustment.
§12. Board of Zoning Adjustment
Below is the staff assessment of the three general questions applicable to uses-on-appeal: 1. 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 a R-2 district 2. Is the 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.
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 R-2 district.
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 use-on-appeal will not (§35):
1. Be contrary to the public interest and will ensure that the spirit of this ordinance is observed;
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.
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ANALYSIS:
The applicant is proposing to use his home as a law office. The applicant has been made aware of the rules and
regulations of having a home occupation including but not limited to the number of clients that can come to
the home in a day and the timeframe in which the business can operate in a day. Documents will be prepared
for clients, reviewed with clients, and executed by clients for the home occupation. The applicant has
provided a list of neighbors who do not object to the home occupation.
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Board of Zoning Adjustment
Staff Report
Variance 230110-02
MEETING DATE: January 10, 2023
PETITIONER: Chambless King Architects
PROPERTY OWNER: Envolve Communities
SUBJECT ADDRESS: 110 Bridge Street
REQUEST: Sign- vary from the requirements of size and quantity
CURRENT ZONING: R-4 (Multi-Family)
LOCATION: East of Bridge Street
SURROUNDING LAND North: B-2 (Commercial) USES AND ZONING: South: R-1 (Single-Family/ Vacant) East: R-2 (Single-Family)
West: R-4 (Commercial)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: N/A
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. The applicant requests a variance from Zoning Ordinance §9.07.02 (Attached Signs). The applicant is
requesting a variance from one attached sign per residential building. Building 110 signage is being proposed on two sides instead of one. They request to exceed the number of signs on residential building 110.
2. The applicant requests a variance from Zoning Ordinance §9.07.02 (Attached Signs) and §9.04.04
(Placement). They request to place an additional sign larger than permitted on the awning.
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ZONING ORDINANCE REFERENCED:
§9.07.02 Attached Signs
1. Each multifamily building is permitted one attached sign, which may not exceed six sf in area.
2. Each nonresidential building is permitted one attached sign. Attached signs may not be larger than one
square foot of sign area per two linear feet of the entire length of the elevation containing the main
entrance or 80 sf, whichever is more restrictive. This sign area may be distributed anywhere on the
building. One additional attached sign is permitted for a secondary façade along an adjoining public
street or an on-premises parking area. The additional attached sign is limited to 65% of the sign area
allowed from the primary facade.
§9.07.03 Freestanding Signs
1. Subdivisions. Each subdivision is permitted one sign at each street entrance, which may not be taller
than six feet above grade nor be larger than 24 sf in sign area. An acceptable legal entity must be
identified to provide perpetual maintenance for the sign
2. Multifamily Developments, Manufactured Home Parks and Nonresidential Premises. Each housing
development and nonresidential premises is permitted one freestanding sign, which may not exceed
eight feet in height nor 100 sf in sign area.
§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.
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ANALYSIS:
The applicant is requesting a variance from the limitations in the Zoning Ordinance stated in Article 9: Signs regarding
signage quantity and location on residential buildings in an R-4 (multi-family) zone and the allowed square footage.
Section 9.07.02 Attached Signs 1. Each multifamily building is permitted one attached sign, which may not exceed six sf
in area. The applicant is requesting two attached signs on a residential apartment building that will be approximately 4
square feet. Individual building signs will be blade signs with each building’s street number.
Additionally, the applicant would like to have an attached sign that will be located on the awning. The sign will not be
above the roof line of the primary structure. This would be a third sign on the building and is requested to a total of 100
square feet. The applicant is willing to have an 80-square-foot sign if the bigger sign is not approved. The main signage
for The Mill, facing Bridge Street, will be individual letters and a logo mounted to the existing roof canopy. The sign will
be externally lit with LED lights from a 2”x2” aluminum channel. These sign requests have all been approved by the
Historic Preservation Commission contingent on approval from the National Park Service.
Section 9.07.03 (Freestanding Signs) permits multi-family developments one freestanding sign no larger than 100 square
feet.
Staff recommends that if the BZA considers the variance allowing the larger “The Mill” sign, then a condition will be that
a freestanding sign be prohibited in the future.
PLANNING STAFF EVALUATION:
Reviewed by: Tommie Williams, Planner
Applicant’s Hardship: N/A
Apartment 110 Example
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Building D (110) Sign Locations
The first location of 110
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The Second location of 110
The Mill Signage Original Layout (100 square feet)
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The Mill Signage 2nd Layout (80 square feet)
The Mill Signage
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12 W Jefferson St, Ste 300, Montgomery, AL 36104
12/9/2022
City of Prattville – Board of Zoning Adjustment
RE: Variance Application
We would like to request a variance from the limitations in the Zoning Ordinance regarding building
signage quantity and allowed square footage. The main signage for The Mill, facing Bridge Street, will
be individual letters and a logo mounted to the existing roof canopy. The sign will be externally lit with
LED lights from a 2”x2” aluminum channel. Individual building signs will be aluminum blade signs with
each building’s street number. The Historic Preservation Committee approved these plans at their
meeting on 12/7/22, provided that the National Parks Service also approves.
§ 9.07.02 of the Zoning Ordinance states that each residential building is allowed one sign with a
maximum sign of 6 SF. A freestanding sign of 100 SF is also allowed, per section § 9.07.03. The main
signage, mentioned above, is closer in size to a freestanding sign. We would like to request that we
have a larger sign on the building, and if the request is granted, we would be willing to forgo the right to
have a freestanding sign. We have also submitted an alternate option that reduces the sign to
approximately 80 SF, the allowed size of signs at nonresidential buildings per § 9.07.02.
We are also showing blade signs for each building on the site. Most buildings on the site only have one
sign per building. However, we would like to request two signs for “Building D” at 110 Bridge Street.
Potential tenants, postal services, and the general public will approach this building from the East
(Bridge Street) side, as this is where you enter the leasing office and meeting area. Residents, their
guests, and emergency responders will access the building from the West side. Therefore, we think it is
important for there to be a sign denoting the address on both the east and west facades.
We greatly appreciate your consideration and look forward to meeting with you soon. Please don’t
hesitate to reach out if you have any questions in the meantime.
Sincerely,
Kaylee Cofer, Architect
Chambless King Architects, LLC
706.594.6579 c
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4'-9"
4'
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2'-6"2'-7"2'-6"2'-9"2'-1"5'-1"3'-3"2'-9"6"2'-9"2'-0"2'-0"2'-7"
33'-5"
www.knightsign.com 205.345.5242
PAGE 1
October 24, 2022
The Mill
Prattville, AL
C. Schorle
S. Downing
242600
0
2'-1"2'-1"3"
5"
2"
5"
Front View
Scale: 1/4" = 1'-0"
Rendering
Side View
Scale: 1/4" = 1'-0"
23'-4"23'-4"
1
2
CONFIRM SPREAD BETWEEN BEAMS
PRIOR TO PRODUCTION
1. Internally-illuminated LED
channel letters with
aluminum backs and
returns (color to be
specified). 3/16" White
acrylic faces with 1"
Jewelite trim to match
returns.
2. (2) 2" x 5" raceways
painted to match returns.
36
"
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ALTERNATE - SIGN SIZE REDUCED TO COMPLY WITH 80 SF
NONRESIDENTIAL BUILDING ZONING REQUIREMENT.
CUSTOM EXTERIOR LIGHTED SIGN LETTERS & LOGO - 6" DEEP
MOUNTED TO FACE OF ROOF STRUCTURE (BEAM). COORDINATE
COLOR WITH OWNER
4' - 9"
4'
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9
"
28' - 2"
2'
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9
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1' - 10"2' - 0"1' - 10"2' - 0"6"2' - 0"3' - 0"4' - 4"1' - 11"2' - 0"2' - 5"2' - 0"2' - 3"
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SHED 1 (THE TEMPLE)
SHED 2 (1976)
SHED 5 (1958)SHED 6 (1977)
SHED 3
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BLDG. D
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SITE ACCESSIBILITY LEGEND
ACCESSIBLE ROUTE
1 ACCESSIBLE PARKING SPACE W/ MIN. 5' ACCESS AISLE CONNECTED TO AN ACCESSIBLE ROUTE.
2 ACCESSIBLE VAN PARKING SPACE W/ MIN. 8' ACCESS AISLE CONNECTED TO AN ACCESSIBLE ROUTE.
3 ELEVATOR
4 CLUBHOUSE
5 LEASING OFFICE
6 TENNANT MAIL BOXES
CONSULTANTS:
C H A M B L E S S | K I N G
CIVIL:Larry E. Speaks & Associates, Inc.
535 Herron Street / Montgomery, AL 36104Phone:334.262.1091
LANDSCAPE ARCHITECTURE:Hillworks
101b North College Street / Auburn, AL 36830Phone:334.524.4581
12 West Jefferson St., Suite 300 / Montgomery, AL 36104p: 334.272.0029 www.chamblessking.com
REVISIONS:
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SHEET TITLE:
12 345 678 910 11 12 13 14 15 16 17 18
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1 2 3 4 5 6 7 8 9 10111213 1415161718
STRUCTURAL:Gordon L. Davis, P.E.
P.O. Box 241371 / Montgomery, AL 36124-1371Phone:334.213.3070
MECHANICAL & PLUMBING:BBG&S
300 Riverhills Business Park, Suite 300 / Birmingham, AL 35242Phone:205.995.1497
ELECTRICAL:CCE
1028 23rd Street South / Birmingham, AL 35205Phone:205.352.2500
11/06/20
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ARCHITECTURAL SITE
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1 SITE PLAN
1 Addendum 4 05/19/2021
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www.knightsign.com 205.345.5242
The Mill (Prattville)
Prattville, AL
C. Schorle
A. Morrison
242900
November 14, 2022Date:
PAGE 1
71
81
91
110
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Location 71
Location 91
Location 81
Location 110-1
Location 110-2
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www.knightsign.com 205.345.5242
The Mill (Prattville)
Prattville, AL
C. Schorle
A. Morrison
242900
November 14, 2022Date:
PAGE 2
2. 1/8" aluminum back panel
painted black.
3. Numerals to be 3/16" thick
acrylic painted white.
4. Font to be Liberator
Heavy
1. (5) Double sided
aluminum blade signs with
1"x1" frame painted black.
through bolt at top and
bottom of frame into wall.
6”16”
24”
22
”
24
”
1”
Scale: 3"=1'-0"Scale: 3"=1'-0"
71 3 10
”
4
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