2308 August 8 BZA102 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 August 8, 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: Alertness … Being aware of what is taking place around me so I can have the right responses.
Committee Reports:
Old Business: None
New Business: 1. 230808-01 VARIANCE:
Building Design: A reduction in the required percentage of windows 475 E Main Street Preston & Stacey Jennings, Petitioners
Public Hearing
District 2
2. 230808-02 VARIANCE:Accessory Structure: Allow Swimming Pool without principal structure 201 Pine Ridge Road Brian Ferguson, Petitioner
Public Hearing District 7
Minutes: July 11, 2023
Miscellaneous:
Adjourn:
Approved 9/19/2023
Prattville Board of Zoning Adjustment
August 8, 2023 Minutes
Page 1 of 2
City of Prattville Board of Zoning Adjustment Minutes August 8, 2023 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:01 p.m. on Tuesday, August 8, 2023 in the Prattville City Hall Council Chambers. After the Pledge of Allegiance, invocation and reading the Character Trait, the meeting was called to order at 4:03 p.m.
ROLL CALL: Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Jerry Crosby. Mr.
Greg Duke and Ms. Sarah Johnson were absent. Also present was supernumerary member Mr. Neal Parker.
Quorum Present Staff present were Mr. Scott Stephens, City Planner; Mr. Joshua McKinney, Planner; Ms. Bria Hudson, Planner; and Ms. Alisa Morgan, Secretary. CHARACTER TRAIT OF THE MONTH: The Character Trait of the Month is Alertness … Being aware of what is taking place around me so I can have the right responses. COMMITTEE REPORTS: There were no reports to be made. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: VARIANCE: Building Design: A reduction in the required percentage of windows 475 E Main Street Preston & Stacey Jennings, Petitioners Mr. Stephens introduced the variance request to allow a reduction in the required percentage of fenestration on property located at 475 E Main Street. Fenestration refers to the arrangement of windows and doors on the elevations of a building. He stated that the Downtown Overlay District was created 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. This had the benefit of providing some architectural controls to properties leading into downtown and along the periphery of the Prattville Historic District. Stacy Jennings, petitioner, presented the request to allow a reduction in the required percentage of fenestration on property located at 475 E Main Street. She stated that more openness on the building will
expose the metal roll up doors of the interior of the storage units which they are trying to cover. Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed.
The BZA also received an email from Gary O. Essary, in support of the request. Chairman Knapp opened the discussion for the Board. Mr. Crosby moved to establish the findings of fact
stating that 1) the special conditions and circumstances do not result from actions of the applicant (self-imposed hardship); 2) that granting of a variance will not confer a special privilege on the applicant that
Approved 9/19/2023
Prattville Board of Zoning Adjustment
August 8, 2023 Minutes
Page 2 of 2
is denied by this ordinance to other lands, structures, or buildings in the same district; and 3) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Parker seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Parker moved to approve the request as submitted based on the approved findings of fact. Mr. Barrett seconded the motion. The motion to approve passed unanimously. VARIANCE: Accessory Structure: Allow Swimming Pool without principal structure 201 Pine Ridge Road Brian Ferguson, Petitioner
Mr. Stephens introduced the variance request to allow an accessory structure without a principal structure on property located at 201 Pine Ridge Road. He stated that the petitioner is requesting to place a
swimming pool on his adjacent lot that is located behind his primary dwelling. Brian Ferguson, petitioner, presented the request to allow an accessory structure without a principal structure on property located at 201 Pine Ridge Road. He stated that it is more cost effective to request a variance than to go through the process to replat the lots to combine them into one parcel. He stated that the proposed lot has an existing tennis court and he removed a pond and a gazebo that were located on the lot. Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed. Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact
stating that 1) granting of a variance will not confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district; 2) granting of a variance is in harmony with the intent and purposes of the zoning ordinance; and 3) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Crosby seconded the motion. The motion to approve the findings of fact passed unanimously.
After no further discussion, the vote was called. Mr. Crosby moved to approve the request based on the approved findings of fact. Mr. Barrett seconded the motion. The motion to approve passed unanimously. MINUTES: Mr. Crosby moved to approve the minutes of the June 13, 2023, regular meeting. Mr. Barrett seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:37 p.m. Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
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Board of Zoning Adjustment
Staff Report
Variance 230808-01
MEETING DATE: August 8, 2023
PETITIONER: Preston and Stacey Jennings
PROPERTY OWNER: I Move LLC (Preston Jennings)
SUBJECT ADDRESS: 475 E Main Street
REQUEST: Variance from building materials requirements
CURRENT ZONING: B-2 (Business District)
LOCATION: Downtown Prattville
SURROUNDING LAND North: B-2 & R-3; Undeveloped and Cemetery USES AND ZONING: South: B-2; Commercial and Church East: B-2; Commercial
West: B-2; Commercial DEVELOPMENT STATUS & HISTORY:
Previous Requests: October 11, 2022: Received a Special Exception to allow a mini-storage facility in
Downtown Overlay District on the property at 475 E Main Street.
Conditions of Previous Approval: “all applicable city, state, and federal requirements be met to include required
environmental assessment and/or remediation if needed”
DESCRIPTION OF VARIANCE REQUEST:
1. The applicant requests a variance from the required 40% front façade fenestration (§ 6.03.03 (3))
APPLICANT’S HARDSHIP (FROM APPLICATION):
Page 2 of 3
ZONING ORDINANCE REFERENCED
§6.03.03 Building Designs
1. Applicability, Purpose. These building design standards apply within the overlay district that are not within a locally designated historic district. The standards apply only to street-facing facades, unless otherwise noted; and are intended to prolong the life of buildings, reduce the need for periodic maintenance and repairs, maintain compatibility with downtown’s historic character and to promote pedestrian activity 2. Materials Standards a. Permitted Materials. Brick, stone, glass, wood, stucco, imitation stucco, cement fiber board, precast concrete, poured concrete, and split-face and textured concrete block b. Restricted Materials. Vinyl may only be used as soffits and other trim material.
c. Prohibited Materials. Vinyl siding, non-textured concrete block except along foundation, metal siding (including street-facing and side facades) 3. Windows and Doors a. That portion of the building facade within ten feet above grade level must contain at least 40% fenestration.
b. Every nonresidential building must have and maintain a public entrance along the street-facing facade. c. Entrances must be recessed so that entry doors do not swing out into the public sidewalk. d. For other than projecting windows, window glass must be recessed at least one inch from the plan of the exterior wall. e. Windows may not be opaque, excluding permitted window signs, nor lined or covered with mirrored film or similar reflective material.
§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.
Page 3 of 3
ANALYSIS:
When the new Zoning Ordinance was adopted in March 2022, the Downtown Overlay District was created 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). This had
the benefit of providing some architectural controls to properties leading into downtown and along the periphery of the
Prattville Historic District.
The previously granted Special Exception permitted the use of a mini-storage facility in the Downtown Overlay District
but was not a review or approval of site plan or building plans. Note that Special Exception approval lapses after one year
if no construction or change in use has occurred.
See attached minutes from October 11, 2022, BZA meeting for additional context on the Special Exception approval.
Reviewed by: Scott Stephens, City Planner
Approved 11/8/2022
Prattville Board of Zoning Adjustment
October 11, 2022 Minutes
Page 1 of 2
City of Prattville Board of Zoning Adjustment Minutes October 11, 2022 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:00 p.m. on Tuesday, October 11, 2022 in the Prattville City Hall Council Chambers. After the pledge of Allegiance, Mr. Parker gave the invocation.
ROLL CALL: Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Greg Duke, and Ms.
Sarah Johnson. Mr. Jerry Crosby was absent. Also present was supernumerary member Mr. Neal Parker. Quorum Present
Staff present were Mr. Scott Stephens, City Planner; Mr. Tommie Williams, Planner; and Ms. Alisa Morgan, Secretary. CHARACTER TRAIT OF THE MONTH: The Character Trait of the Month is Respect…Treating others with honor and dignity. Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure of the meeting. COMMITTEE REPORTS: There were no reports to be made. OLD BUSINESS: SPECIAL EXCEPTION: To allow a mini-storage facility in Downtown Overlay District 475 E Main Street Preston & Stacey Jennings, Petitioners
Mr. Stephens presented the special exception request to allow a mini storage unit on property located at 475 E. Main Street and provided an overall review of the hearing at the previous (September 13) meeting. Preston & Stacey Jennings, petitioners, presented the request to allow a mini-storage facility on property locate at 475 E. Main Street. They stated that they are proposing to construct a 19000 ft2 2-story metal building with brick veneer and hardie siding. Mr. Parker stated that the BZA received an email on environmental concerns of asbestos. He asked the petitioner’s if they were aware and considered all that is involved with the development of this project. Mrs. Jennings replied that they have considered all that may be involved, but cannot move forward until they are certain that they have approval for the special exception.
Mr. Stephens commented that the Downtown Overlay District has a list of requirements that must be adhered to in developing in the district.
Chairman Knapp opened the floor for public comments. Jon Lee Finnegan, 211 Deer Trace, inquired about the dumpster’s location and stated that the use proposed is not proper for the district.
Gerald Cimis, 141 N. Chestnut Street, stated that he was concerned for the health and safety of the
Approved 11/8/2022
Prattville Board of Zoning Adjustment
October 11, 2022 Minutes
Page 2 of 2
citizens, and the contractors, and the owners, should there be asbestos present, during any demolition or remodeling and was concerned if the petitioners understood their responsibilities and risks, in demolishing/renovating this structure. He presented an Environmental Phase I Study conducted in 2015 by Environmental-Materials Consultants, Inc. prepared for the City of Prattville in 2015 (attached and made a part of the minutes). The Jennings addressed the public comments stating that they are not certain at this time where the dumpster will be located as they are currently seeking approval to allow the use before they can move forward with the development and stated that they are well aware of the risk and responsibilities
associated with taking on this existing structure. Rachel Nichols of LAH Commercial Real Estate, spoke in favor of the request as an agent to the
petitioners. After no further comments, the public hearing was closed.
Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. Barrett moved to establish the findings of fact stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed mini storage facility is an allowable special exception, and is not a prohibited use in a B-2 district; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Parker seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Parker moved to approve the request as proposed based on the approved findings of fact contingent that all applicable city, state, and federal requirements be met to include required environmental assessment and/or remediation if needed. Ms. Johnson
seconded the motion. The motion to approve passed unanimously. NEW BUSINESS:
There was no new business to discuss. MINUTES:
Mr. Parker moved to approve the minutes of the September 13, 2022, regular meeting. Mr. Barrett seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:42 p.m. Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
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Stephens, Scott
From:Stacey Jennings
Sent:Friday, July 7, 2023 11:42
To:Preston Jennings; Stephens, Scott
Subject:[EXTERNAL]475 E Main Variance App
Scott,
Please attach these pictures to our variance app. Elevation drawings that we submitted last week should outline which parts of
the building will be brick and which parts shall be hardi board. Please let me know if this completes our application submission.
Thanks,
Stacey and Preston
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.
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Stacey Jennings | Realtor w/ Wallace RPM
From:Gary Essary
To:Planning
Cc:Stacey Jennings
Subject:[EXTERNAL]8/8 public hearing for zoning adjustment
Date:Tuesday, August 1, 2023 8:41:33 AM
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.
Dear Alisa Morgan,
I received your letter of Notice of Public Hearing for 8/8/2023. A variance to allow a reduction in the requiredpercentage of windows is requested by Preston and Stacy Jennings. I will not be able to make the meeting butwanted to express my support for this request.
I support Preston and Stacy's purchase and redevelopment of this property. I would encourage my fellow citizensand the City of Prattville to also support them and allow them to set up their business with this variance and anyother requests they make. They have taken a tremendous risk by spending quite a bit of money during theseeconomic troubling times. We should support them.
Gary O. Essaryowner of 452 E. Main Property334-717-0277
Page 1 of 2
Board of Zoning Adjustment
Staff Report
Variance 230808-02
MEETING DATE: August 8, 2023
PETITIONER: Brian Ferguson
PROPERTY OWNER: Brian and Katie Ferguson
SUBJECT ADDRESS: 201 Pine Ridge Road
REQUEST: Accessory structure without principal structure
CURRENT ZONING: R-2 (Single-Family)
LOCATION: Deer Run
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 §3.04.06 (Accessory Structures, Site
Appurtenances). The applicant is requesting a variance to allow a swimming pool without principal structure.
APPLICANT’S HARDSHIP (FROM APPLICATION):
See attached letter
ZONING ORDINANCE REFERENCED:
§3.04.03 Accessory Structures, Site Appurtenances
1. Accessory structures must be located on the same parcel as the principal structure
Page 2 of 2
§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:
The applicant owns two adjacent lots. One lot has an existing house, the other lot has an existing tennis court, but no
“principal structure.” The zoning ordinance prohibits an accessory structure, such as a pool, to be established on a lot
without a principal structure (i.e. a house). The variance requested would be to allow a pool to be permitted and built on
the lot without the principal structure. An available solution to this would be to subdivide the two lots into one lot.
Reviewed by: Joshua McKinney, Planner
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