2312 December 12 BZA
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:
Page 1 of 3
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):
See attachements to application
Page 2 of 3
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.
Page 3 of 3
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
7TH ST
E 6TH ST
N COURT ST
W 6TH ST
W 5TH ST
E 5TH ST
PINE ST
N CHESTNUT ST
MARTIN LUTHER KING JR DR
N WASHINGTON ST
RAILROADST
BRANCH ST
Location Map
±0 400200
Feet
Locations are approximate
Project Area
Prattville City Limits
Autauga Parcels
E 6TH ST
W 6TH ST
N CHESTNUT ST
RAILROAD ST
MARTIN LUTHER KING JR DR
Aerial Map
±0 200100
Feet
Locations are approximate
Project Area
Prattville City Limits
Autauga Parcels
7TH ST
E 6TH ST
N COURT ST
W 6TH ST
W 5TH ST
E 5TH ST
PINE ST
N CHESTNUT ST
MARTIN LUTHER KING JR DR
N WASHINGTON ST
RAILROADST
BRANCH ST
Zoning Map
±0 400200
Feet
Locations are approximate
Project Area
Prattville City Limits
Autauga Parcels
B-2
M-1
O-1
R-2
R-3
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.