2311 November 14 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 November 14, 2023 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: Gratefulness… Letting others know by my words and actions how they have benefited my life.
Committee Reports:
Old Business: None
New Business: 1. 231114-01 VARIANCE:Vary from the setback requirements. 1252 Huie Street Cynthia Lockhart, Petitioner
Public Hearing
District 6
2. 231114-02 VARIANCE:
Rear Yard Encroachment 1304 Upper Kingston Road Mike Zeigler, Petitioner
Public Hearing District 2
Minutes: September 19, 2023 (Special Meeting)
Miscellaneous:
Adjourn:
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September 19, 2023 Minutes
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City of Prattville Board of Zoning Adjustment 1 Minutes 2 September 19, 2023 3 4 5 CALL TO ORDER: 6 The special meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:00 p.m. on 7 Tuesday, September 19, 2023 in the Prattville City Hall Council Chambers. After the Pledge of 8 Allegiance, invocation and reading the Character Trait, the meeting was called to order at 4:02 p.m. 9
10 ROLL CALL: 11 Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Jerry Crosby, and 12
Ms. Sarah Johnson. Mr. Greg Duke was absent. Also present was supernumerary member Mr. Neal 13 Parker. 14 15
Quorum Present 16 17 Staff present were Mr. Scott Stephens, City Planner; Mr. Joshua McKinney, Planner; and Ms. Bria 18 Hudson, Planner. 19 20 CHARACTER TRAIT OF THE MONTH: 21 The Character Trait of the Month is Availability… Willingness to change my schedule and priorities to 22 meet a need. 23 24 COMMITTEE REPORTS: 25 There were no reports to be made. 26 27 OLD BUSINESS: 28 There was no old business to discuss. 29 30 NEW BUSINESS: 31 SPECIAL EXCEPTION 32 To allow a medical office/clinic in an O-1 Zoning District 33 688 Covered Bridge Pkwy 34 Partners in Pediatrics, Petitioner 35
36 Mr. McKinney introduced the Special Exception request to allow a medical office in an O-1 zone at 688 37 Covered Bridge Parkway. 38 39 Brad Flowers, Flowers & White Engineering, and Lee Ingram, Ingram Construction, appeared on behalf 40 of the petitioner, and answered questions of the Board. 41 42 Chairman Knapp opened the floor for public comments. 43 44 Tommy DeBardelaben, 1203 Sadie Cir, spoke about surrounding covenants and the preservation of trees. 45 46
Seeing no further attendees desiring to speak, the public hearing was closed. 47 48 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact 49
stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of 50 Prattville Zoning Ordinance; 2) the proposed use is an allowable special exception, and is not a prohibited 51 use in an O-1 district; and 3) the proposed use will not cause substantial adverse impact to adjacent or 52
nearby properties or uses. Ms. Johnson seconded the motion. The motion to approve the findings of fact 53 passed unanimously. 54
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55 After no further discussion, the vote was called. Mr. Parker moved to approve the request as submitted 56 based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed 57 unanimously. 58 59 SPECIAL EXCEPTION 60 To allow unenclosed retail 61 1676 S Memorial Drive 62 Sara Compton & Robin West, Petitioners 63
64 Mr. Stephens introduced the Special Exception request to allow unenclosed retail at 1676 S Memorial 65 Drive. He pointed out that the property was located within the Special Flood Hazard Area and within a 66
regulatory floodway. He also stated that the City was concerned about the unsafe condition of the 67 existing structures and the site in general. 68 69
Sara Compton, petitioner, appeared before the Board to explain her proposed use. She proposed to 70 install construction fencing to limit access from the public to the existing buildings and to use portable 71 toilets for public use. Mr. Barrett expressed concern about the potential hazard posed by the condition 72 of the buildings and the site. Ms. Johnson expressed concern about members of the public accessing the 73 buildings. Mr. Knapp asked if liability insurance was held for the property and Ms. Compton stated that 74 there was. 75 76 Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed. 77 78 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact 79 stating that 1) the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning 80 Ordinance; 2) the proposed use is an allowable special exception, and is not a prohibited use in a B-2 81 district; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties 82 or uses. Mr. Crosby seconded the motion. The motion to approve the findings of fact passed unanimously. 83
84 After no further discussion, the vote was called. Mr. Barrett moved to approve the request as submitted 85 based on the approved findings of fact and conditioned that the property be maintained in a safe manner 86
for pedestrians and vehicles and the buildings be secured from any public access. Mr. Parker seconded 87 the motion. The motion to approve passed unanimously. 88 89 VARIANCE 90 Sign-Billboard sign on undeveloped property 91 Corner of Golson Road & Hwy 82 W (Vacant Lot) 92 KLO Enterprise, Petitioner 93 94 Ms. Hudson introduced the variance request to allow a billboard (freestanding permanent sign) at Golson 95 Road and Hwy 82 W. 96 97 Lamesa and Kareem Howard, petitioners, appeared before the Board with the request. She stated after 98 they purchased the property approximately two years ago, she was informed by city staff that the property 99 was zoned FAR and not in the city limits. 100
101 Chairman Knapp opened the floor for public comments. 102 103
Marcus Jackson, City Council representative for District 2, spoke in support of the variance request. 104 105 Mr. Parker asked staff if the map presented was official and showed the city limits properly. Mr. Stephens 106
stated that the map was correct and that the subject property was inside the city limits. He pointed out 107 that if the property was reported to the petitioner as zoned FAR as mentioned previously, it was inside the 108
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city limits since the City’s zoning does not extend into unincorporated areas. 109 110 There was discussion that when the property was purchased and the petitioners first spoke with city staff, 111 the previous zoning ordinance was still in effect that was more permissive of billboards. The current 112 zoning ordinance was adopted in March 2022. 113 114 After no further discussion from the Board, Mr. Parker moved to establish the findings of fact stating that 115 1) a unique situation in this case exists; 2) that a variance will not adversely affect the surrounding 116 property, the general neighborhood, or the community as a whole. Mr. Crosby seconded the motion. The 117
motion to approve the findings of fact passed unanimously. 118 119 After no further discussion, the vote was called. Mr. Crosby moved to approve the request as submitted 120
based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed 121 unanimously. 122 123 MINUTES: 124 Mr. Crosby moved to approve the minutes of the August 8, 2023, regular meeting. The motion to approve 125 passed unanimously. 126 127 MISCELLANEOUS: 128 129 ADJOURN: 130 After no further comments, questions, or discussion the meeting was adjourned at 5:02 p.m. 131 132 133 Respectfully submitted, 134 135 136 137
Scott Stephens, City Planner 138 Board of Zoning Adjustment 139
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Board of Zoning Adjustment
Staff Report
Variance 231114-01
MEETING DATE: November 14, 2023
PETITIONER: Cynthia A. Lockhart
PROPERTY OWNER: Cynthia A. Lockhart
SUBJECT ADDRESS: 1252 Huie Street
REQUEST: Variance from setback and height requirements for carport
CURRENT ZONING: R-2 (Single-Family)
LOCATION: 1252 Huie Street
SURROUNDING LAND North: R-2 (Single-Family) USES AND ZONING: South: R-2 (Single-Family) East: R-2 (Single-Family)
West: R-2 (Single-Family)
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 §4.01.02 (Area and Dimensional Requirements).
The applicant is requesting a variance to allow a carport without minimum setbacks requirements
APPLICANT’S HARDSHIP (FROM APPLICATION):
“We now have to pay a storage fee each month due to inability to access with current carport”
ZONING ORDINANCE REFERENCED:
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§4.01.02 Area and Dimensional Requirements
1. All permitted uses must comply with the minimum lot size, area and width and minimum yard setbacks
in Table 4-2, except that permitted nonresidential uses are subject to a maximum height of 50 feet and
2-1/2 stories.
2. Structures of nonresidential uses must be set back from side and rear lot lines in accordance with the
buffer requirements in §10.02 Buffers.
3. A porch or structure or part thereof that is attached to the principal building is considered part of the
principal building and is subject to the yard requirements of the applicable district. However, carports
and porte-cocheres attached to the side of the principal structure may extend to within two feet of the
side lot line provided:
a. the structure is open on all sides other than that attached to the principal building;
b. the structure is no taller than 12 feet and there is no enclosed space immediately above that may
be used for storage or occupied in any way;
c. the structure does not extend closer than eight feet to any part of a dwelling on an adjoining lot nor
six feet to any part of a similar open structure on an adjoining lot and all applicable fire protection
requirements of the Building Code are met; and
d. if located within five feet of a side or rear lot line, stormwater may not be directed toward any
adjoining property. The method and direction of stormwater
§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.
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§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.
ANALYSIS:
The applicant has stated that the proposed carport will be 14 ft in height and 60 ft in length. There will be 16 ft between the
carport and the back fence and 5 ft between the side fence. The subject property is zoned R-2 which requires a 10ft side
setback. Since the proposed carport will exceed the 12ft limit as allowed in §4.01.02, the carport will need to meet the
regular side setback requirements of 10ft. The variance requested will be a 5ft encroachment into the side yard setback.
Reviewed by: Joshua McKinney, Planner
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Project Area
Prattville City Limits
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Board of Zoning Adjustment
Staff Report
Variance 231114-02
MEETING DATE: November 14, 2023
PETITIONER: Mike Zeigler
PROPERTY OWNER: Mike Zeigler
SUBJECT ADDRESS: 1304 Upper Kingston Road
REQUEST: Variance Request from setback requirements.
CURRENT ZONING: R-2 (Single Family Residential District)
LOCATION: Prattville
SURROUNDING LAND North Unincorporated (Prattville High School)
USES AND ZONING: South R-2 (Single Family Residential)
East F.A.R (Forest, Agriculture, and Recreation) -Residential
West: R-2 (Single Family Residential)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: N/A
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. The applicant requests a rear yard setback encroachment.
APPLICANT’S HARDSHIP (FROM APPLICATION):
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ZONING ORDINANCE REFERENCED
§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
ANALYSIS:
Rear setbacks for R-2 are 40 feet, however the applicant requests to encroach beyond the minimum. The proposed porch
will encroach five feet into the required rear setback.
Reviewed by: Bria Hudson, City Planner
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Prattville City Limits
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