2312 December 12 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 December 12, 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: Generosity… Managing my resources so I can freely give to those in need. Committee Reports: Old Business:
None
New Business: 1. 231212-01 VARIANCE: Vary from the setback requirements. 242 N Chestnut Street Nelson Vincent, Petitioner
Public Hearing District 2
Minutes: November 14, 2023
Miscellaneous: Adjourn:
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Prattville Board of Zoning Adjustment
November 14, 2023 Minutes
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City of Prattville Board of Zoning Adjustment 1 Minutes 2 November 14, 2023 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 14, 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. 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 were absent. Also present was supernumerary member Mr. Neal Parker. 13 14 Quorum Present 15
16 Staff present were Mr. Scott Stephens, City Planner; Mr. Joshua McKinney, Planner; Ms. Bria Hudson, 17 Planner; and Ms. Alisa Morgan, Secretary. 18 19 CHARACTER TRAIT OF THE MONTH: 20 The Character Trait of the Month is Alertness … Gratefulness… Letting others know by my words and 21 actions how they have benefited my life. 22 23 COMMITTEE REPORTS: 24 There were no reports to be made. 25 26 OLD BUSINESS: 27 There was no old business to discuss. 28 29 NEW BUSINESS: 30 VARIANCE: 31 Vary from the setback and height requirements. 32 1252 Huie Street 33 Cynthia Lockhart, Petitioner 34 35
Mr. McKinney introduced the variance request to allow a carport to vary from the minimum setbacks and 36 14’ in height on property located at 1252 Huie Street. The proposed 60’x22’ carport will encroach into 37 the 5’ into the side yard. He stated that at the ordinance will allow the 14’ height over the minimum 12’ 38 provided that the 10’ side yard requirements of the R-2 zoning district standards are met. The existing 39 carport will be removed. 40 41 Cynthia Lockhart, petitioner, along with James Lockhart presented the request to allow a carport to 42 encroach into the side setbacks and 14’ in height on property located at 1252 Huie Street. She stated that 43 the existing carport is 10’ from the side yard line and the proposed carport will be 3’ from the side yard 44 on a slab. 45 46
Mr. Parker inquired about the hardship which would warrant the variance request. He stated that it should 47 not be self-imposed. Although sympathetic of the applicant’s disability and financial hardships they are 48 not special conditions and circumstances pertaining to the property. 49
50 There was discussion of reducing the required distance between the house and the proposed carport, which 51 should give enough room for the side yard setback. Mr. Lockhart said that should work and agreed to it. 52
53 Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed. 54
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November 14, 2023 Minutes
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55 Chairman Knapp opened the discussion for the Board. Mr. Knapp moved to establish the findings of fact 56 stating that 1) granting of a modified variance is in harmony with the intent and purposes of the zoning 57 ordinance. Mr. Barrett seconded the motion. The motion to approve the findings of fact passed 58 unanimously. 59 60 After no further discussion, the vote was called. Mr. Parker moved to approve the request as modified to 61 vary from the required 10ft between the primary structure and the proposed structure based on the 62 approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed unanimously. 63
64 VARIANCE: 65 Rear Yard Encroachment 66 1304 Upper Kingston Road 67 Mike Zeigler, Petitioner 68 69
Ms. Hudson introduced the variance request to allow a rear yard encroachment into the rear yard for a 70 covered porch on property located at 1304 Upper Kingston Road. 71 72 Mike Zeigler, petitioner, presented the request to allow a rear yard encroachment on property located at 73 1304 Upper Kingston Road. He stated that he wants to cover the existing porch. 74 75 Chairman Knapp opened the floor for public comments. There were none. The public hearing was 76 closed. 77 78 Chairman Knapp opened the discussion for the Board. Ms. Johnson moved to establish the findings of 79 fact stating that 1) the special conditions and circumstances do not result from actions of the applicant 80 (self-imposed hardship); 2) granting of a variance is in harmony with the intent and purposes of the 81 zoning ordinance; and 3) that a variance will not adversely affect the surrounding property, the general 82 neighborhood, or the community as a whole. Mr. Duke seconded the motion. The motion to approve 83
the findings of fact passed unanimously. 84 85 After no further discussion, the vote was called. Mr. Barrett moved to approve the request based on the 86
approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed unanimously. 87 88 MINUTES: 89
Mr. Parker moved to approve the minutes of the September 19, 2023 regular meeting. Ms. Johnson 90 seconded the motion. The motion to approve passed unanimously. 91 92 MISCELLANEOUS: 93 Mr. Stephens polled the members to see if there were any possible conflicts holding the meeting on its 94 regular day with the approaching holiday. There were no issues among the members. 95 96 ADJOURN: 97 After no further comments, questions, or discussion the meeting was adjourned at 4:54 p.m. 98 99 Respectfully submitted, 100
101 102
103 Alisa Morgan, Secretary 104
Board of Zoning Adjustment 105
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Board of Zoning Adjustment
Staff Report
Variance 231212-01
MEETING DATE: December 12, 2023
PETITIONER: Nelson Vincent
PROPERTY OWNER: Nelson Vincent
SUBJECT ADDRESS: 242 N Chestnut Street
REQUEST: Variance Request from the setback requirements
CURRENT ZONING: R-3 (Single-Family Residential District)
LOCATION: SE corner of Chestnut St & 6th St
SURROUNDING LAND North: R-3 (Single-Family Residential District) USES AND ZONING: South: R-3 (Single-Family Residential District) East: R-3 (Single-Family Residential District)
West: R-3 (Bethel Church) DEVELOPMENT STATUS & HISTORY: Previous Requests: N/A
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. The applicant requests a variance from R-3 setback requirements & accessory structure setbacks.
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.
§4.01.03 Additional Regulations 1. Accessory structures on lots zoned for or used for residential purposes, other than those located within a multifamily or manufactured home park development, are subject to §3.04.06 Accessory Structures, Site Appurtenances, the regulations of the applicable district and the following: a. Accessory structures may not extend forward of the front yard setback or front building line, whichever is greater.
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ANALYSIS:
Applicant is requesting a variance for encroaching the proposed accessory structure beyond the front building line
(§4.01.03), on 6th Street due to the geographic & development hardships. The applicant is also requesting a variance from
the 10 foot setback for a detached car garage with a covered breezeway on the property from the principal structure (6TH
Street & N Chestnut Street).
Reviewed by: Bria Hudson, City Planner
Source: Applicant Site plan
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Location Map
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Project Area
Prattville City Limits
Autauga Parcels
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Prattville City Limits
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Zoning Map
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B-2
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242 N Chestnut St- Soft Spot Photos.docx
Top left photo is the wet
spot.
Top right photo is where
the wet spot is located
in the soft/wet spot
area.
Bottom center photo is
the 7' X 25' soft/wet
area.
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