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2402 February 13 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 February 13, 2024 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: Sincerity... Doing what is right with transparent motives. Committee Reports: Old Business: None New Business: 1. 240213-01 SPECIAL EXCEPTION:To allow an accessory dwelling. 1476 Tullahoma Drive Elester Wright & Kendra James, Petitioners Public Hearing District 3 2. 240213-02 SPECIAL EXCEPTION:To allow an accessory dwelling. 108 Abney Drive Mark Andrews, Petitioner Public Hearing District 7 Minutes: January 9, 2024 Miscellaneous Adjourn: DR A F T Draft Prattville Board of Zoning Adjustment January 9, 2024 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment 1 Minutes 2 January 9, 2024 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, January 9, 2024 in the Prattville City Hall Council Chambers. After the Pledge of Allegiance, 8 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 Mr. 12 Jerry Crosby. Ms. Sarah Johnson was absent. Also present was supernumerary members 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 Initiative… Recognizing and doing what needs to be done before I 21 am asked to do it. 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 SPECIAL EXCEPTION: 31 To allow multifamily residential (duplex) in a single-family residential district. 32 516 N Northington Street 33 S&M Investments, Petitioner 34 35 Ms. Hudson introduced the special exception request to allow duplex multifamily residential in a single-36 family residential district on property located at 516 N Northington Street. 37 38 Shannon Ninio, petitioner, presented the request. She stated that the property has been vacant for years 39 and the proposed housing development would bring value to the area. 40 41 Mr. Stephens provided additional staff comments stating that the special exception requested for duplex 42 is an allowable use with the BZA approval. This is not a hardship case. 43 44 Mr. Barrett asked why duplex rather than single family and where will be the parking location. Ms. Ninio 45 stated that at the advice of her contractor, duplex housing would be more beneficial. The proposed parking 46 will be in the front yard. 47 48 Mr. Stephens stated that the permitting process will cover the parking requirements. 49 50 Chairman Knapp opened the floor for public comments. Lorenzo Deramus, 109 Alecia Drive, spoke in 51 favor of the request. He stated that his mother lives at 504 N Northington St which was developed by 52 Habitat for Humanity. Since then no other development has happened. He stated that he is glad to see 53 more development in the area. After no further comments, the public hearing was closed. 54 DR A F T Draft Prattville Board of Zoning Adjustment January 9, 2024 Minutes Page 2 of 2 55 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact 56 stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of 57 Prattville Zoning Ordinance; 2) that it will not allow the establishment of a prohibited use; and 3) that it 58 will be an asset to this neighborhood, and the community. Mr. Crosby seconded the motion. The motion 59 to approve the findings of fact passed unanimously. 60 61 After no further discussion, the vote was called. Mr. Duke moved to approve the request to allow 62 multifamily residential use in a single-family residential district based on the approved findings of fact. 63 Mr. Parker seconded the motion. The motion to approve passed unanimously. 64 65 MINUTES: 66 Mr. Parker moved to approve the minutes of the December 12, 2023 regular meeting. Mr. Barrett 67 seconded the motion. The motion to approve passed unanimously. 68 69 BYLAWS REVIEW: 70 The Bylaws were reviewed. 71 72 ELECTION OF OFFICERS: 73 Mr. Barrett moved to elect Charles Knapp as Chair. Mr. Barrett moved to close the nominations. Mr. 74 Duke seconded the motion. The nominations for Chairman were closed. Chairman Knapp moved to 75 elect Billy Barrett as Vice-Chair. Mr. Duke seconded the motion. The vote passed unanimously to elect 76 Charles Knapp as Chairman and to elect Billy Barrett as Vice-Chairman. 77 78 ADJOURN: 79 After no further comments, questions, or discussion the meeting was adjourned at 4:27 p.m. 80 81 Respectfully submitted, 82 83 84 85 Alisa Morgan, Secretary 86 Board of Zoning Adjustment 87 88 89 DR A F T Page 1 of 3 Board of Zoning Adjustment Staff Report Special Exception 240213-01 MEETING DATE: February 13, 2024 PETITIONER: Elester Wright & Kendra James PROPERTY OWNER: Jonnie & Elester Wright SUBJECT ADDRESS: 1476 Tullahoma Drive (Glennbrooke Subdivision) REQUEST: Special Exception for Accessory Dwelling CURRENT ZONING: R-3 (Single-Family) SURROUNDING LAND North: R-3 (Single-Family; Glennbrooke) USES AND ZONING: South: R-3 (Single-Family; Glennbrooke) East: F.A.R. (East Memorial Baptist Church/Central Alabama Community College) West: R-3 (Single-Family; Glennbrooke) DEVELOPMENT STATUS & HISTORY: Previous Requests: N/A Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. The applicant is requesting an accessory dwelling use to the rear of the existing house. ZONING ORDINANCE REFERENCED: Article 7 Use-Specific Regulations, §7.01 Accessory Dwellings Accessory Dwellings may only be permitted as an accessory use to a permitted single-family detached dwelling in accordance with the following: §7.01.01 Permit Required. An Accessory Dwelling Permit is required for all accessory dwellings. Accessory dwellings may be maintained in perpetuity but only in compliance with these regulations. Any accessory dwelling permitted use will automatically expire whenever: 1. The accessory dwelling is altered to the extent it no longer conforms to the plans approved by the City 2. Required off-street parking is no longer provided on the premises DR A F T Page 2 of 3 3. The permittee ceases to own or reside on the premises (applies to R-1, R-2 and FAR Districts only) §7.01.02 Limitation in R-1, R-2 and FAR Districts. Because the R-1, R-2 and FAR Districts are intended for single-family detached dwellings, an accessory dwelling may only be permitted when the owner of the principal dwelling resides on the premises. This ensures that the accessory dwelling remains subordinate to the principal dwelling. §7.01.03 Area and Dimensional Requirements. Accessory dwellings are permitted only on lots of at least 7,500 sf, except where the district requires a larger lot. If the principal dwelling is not connected to sanitary sewer service, minimum lot requirements of the health department or similar authority apply to each of the dwellings. 1. Accessory dwellings must be set back from lot lines as required in §4.01.03 Additional Regulations. If detached from the principal dwelling, the accessory dwelling must be set back at least ten feet from the principal dwelling. 2. The habitable floor area of an accessory dwelling must be at least 200 sf but not more than 50% of the gross floor area of the principal dwelling or 1,000 sf, whichever is more restrictive. If detached, accessory dwellings are also subject to the cumulative area permitted for accessory structures. 3. Detached accessory dwellings may not be located closer to any front lot line than the principal dwelling. §7.01.04 Additional Requirements 1. Separate utility meters are not permitted for Accessory Dwellings. 2. No more than one accessory dwelling is permitted on the lot of a single-family detached dwelling, regardless of the lot size. 3. Accessory dwellings may have a separate 911 address for emergency purposes. If a separate mailbox is used for the accessory dwelling, it must be co-located with the mailbox for the principal dwelling, in accordance with US Postal Service regulations. 4. One parking space, in addition to that required for the principal dwelling, must be provided. 5. Accessory dwellings must comply with the Building Code, be installed on a permanent foundation and must maintain the appearance of the principal dwelling, including colors, materials and architectural style. 6. Accessory dwellings may not have separate vehicular access from the street. If the lot abuts an alley, access to the accessory dwelling may be from the alley regardless of whether the principal dwelling has access from the alley. 7. An accessory dwelling may not be sold separately from the principal dwelling unless there is sufficient lot area to subdivide the property into lots meeting the area and dimensional requirements of the district. 8. If an existing residential garage is converted to an accessory dwelling, off-street parking requirements for the principal dwelling and accessory dwelling must be met concurrently with the conversion. §7.01.05 Submittal requirements: DR A F T Page 3 of 3 1. A scaled site drawing showing all existing structures and proposed structure if any 2. An elevation drawing showing the proposed height of the structure 3. A rendering showing exterior materials and colors and/or samples of the same 4. A scaled foundation and interior floor plan Section 12.03 Special Exceptions The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances of the city. The Board must make written findings determining that the proposed use-on-appeal will not: 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. ANALYSIS: The applicant is requesting a residential home addition for their parents. The Accessory Dwelling will be attached to the principal structure. Habitable area will be approximately 960 sqft with a kitchen, living area, bedroom, and bath. The principal structure (house) is 3,357 sqft. The Zoning Ordinance states that the, “habitable floor area of an accessory dwelling must be at least 200 sf but not more than 50% of the gross floor area of the principal dwelling or 1,000 sf, whichever is more restrictive.” This proposal will fall within this requirement. Reviewed by: Joshua McKinney, Planner DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T Page 1 of 5 Board of Zoning Adjustment Staff Report Special Exception 240213-02 MEETING DATE: February 13, 2024 PETITIONER: Mark Andrews PROPERTY OWNER: Mark Andrews SUBJECT SITE: 108 Abney Street REQUEST: Requesting a special exception to allow Accessory Dwelling Unit in R-2 Residential District. CURRENT ZONING: R-2 (Single-Family Residential) SURROUNDING LAND North: Single-Family Residential (R-2) USES AND ZONING: South: Single-Family Residential (R-2) East: Single-Family Residential (R-2) West: Single-Family Residential (R-2) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF SPECIAL EXCEPTION REQUEST: 1. A special exception has been requested to allow an accessory dwelling unit in the R-2 Residential District. DR A F T Page 2 of 5 ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: §7.01 Accessory Dwellings Accessory Dwellings may only be permitted as an accessory use to a permitted single-family detached dwelling in accordance with the following: §7.01.01 Permit Required. An Accessory Dwelling Permit is required for all accessory dwellings. Accessory dwellings may be maintained in perpetuity but only in compliance with these regulations. Any accessory dwelling permitted use will automatically expire whenever: 1. The accessory dwelling is altered to the extent it no longer conforms to the plans approved by the City 2. Required off-street parking is no longer provided on the premises 3. The permittee ceases to own or reside on the premises (applies to R-1, R-2 and FAR Districts only) §7.01.02 Limitation in R-1, R-2 and FAR Districts. Because the R-1, R-2 and FAR Districts are intended for single family detached dwellings, an accessory dwelling may only be permitted when the owner of the principal dwelling resides on the premises. This ensures that the accessory dwelling remains subordinate to the principal dwelling. §7.01.03 Area and Dimensional Requirements. Accessory dwellings are permitted only on lots of at least 7,500 sf, except where the district requires a larger lot. If the principal dwelling is not connected to sanitary sewer service, minimum lot requirements of the health department or similar authority apply to each of the dwellings. 1. Accessory dwellings must be set back from lot lines as required in §4.01.03 Additional Regulations. If detached from the principal dwelling, the accessory dwelling must be set back at least ten feet from the principal dwelling. 2. The habitable floor area of an accessory dwelling must be at least 200 sf but not more than 50% of the gross floor area of the principal dwelling or 1,000 sf, whichever is more restrictive. If detached, accessory dwellings are also subject to the cumulative area permitted for accessory structures. 3. Detached accessory dwellings may not be located closer to any front lot line than the principal dwelling. §7.01.04 Additional Requirements 1. Separate utility meters are not permitted for Accessory Dwellings. 2. No more than one accessory dwelling is permitted on the lot of a single-family detached dwelling, regardless of the lot size. 3. Accessory dwellings may have a separate 911 address for emergency purposes. If a separate mailbox is used for the accessory dwelling, it must be co-located with the mailbox for the principal dwelling, in accordance with US Postal Service regulations. 4. One parking space, in addition to that required for the principal dwelling, must be provided. 5. Accessory dwellings must comply with the Building Code, be installed on a permanent foundation and must maintain the appearance of the principal dwelling, including colors, materials and architectural style. 6. Accessory dwellings may not have separate vehicular access from the street. If the lot abuts an alley, access to the accessory dwelling may be from the alley regardless of whether the principal dwelling has access from the alley. 7. An accessory dwelling may not be sold separately from the principal dwelling unless there is sufficient lot area to subdivide the property into lots meeting the area and dimensional requirements of the district. 8. If an existing residential garage is converted to an accessory dwelling, off-street parking requirements for the principal dwelling and accessory dwelling must be met concurrently with the conversion. §7.01.05 Submittal requirements: 1. A scaled site drawing showing all existing structures and proposed structure if any 2. An elevation drawing showing the proposed height of the structure 3. A rendering showing exterior materials and colors and/or samples of the same 4. A scaled foundation and interior floor plan DR A F T Page 3 of 5 Article 12. – Board of Zoning Adjustment §12.03 Special Exceptions §12.03.01 The Board hears and decides requests for approval of Special Exceptions as set out in this Ordinance. §12.03.02 Special Exceptions require application to the Board on forms provided by the Director. §12.03.03 Notice of the scheduled hearing is given to the applicant and other interested parties in accordance with board rules. §12.03.04 The Board reviews the request for compliance with this Ordinance and all other applicable codes and ordinances of the City. Before granting any Special Exception, the Board must make written finding determining that the proposed Special Exception will not: 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; and 3. Cause a substantial adverse impact on property or improvements in the vicinity or in the applicable district. §12.03.05 The Board may impose such conditions for approval that it deems necessary in the particular case to protect the public interest and the intent of the Comprehensive Plan and this Ordinance. Such conditions apply to the land, structure, and use for which the Special Exception is granted and not to a particular person. Violations of conditions lawfully attached to any Special Exception constitute violations of this Ordinance. §12.03.06 Board approval of a Special Exception pertains solely to that specific use at the location specified in the application. Such approval is not transferable to another use at that location or the same use at another location. §12.03.07 Special Exception approval lapses and will be of no effect if, after one year from the date of Board approval, no construction or change in use pursuant to the approval has taken place. The Board may, for good cause shown, specify a longer period of time in conjunction with its approval. ANAYLSIS/EVALUATION: Applicant is proposing to permit an accessory dwelling unit on the existing property 108 Abney Street. The proposed accessory dwelling unit is a 480 square foot shed. Dimensions are approximately 12 feet wide by approximately 40 feet long. The proposed structure is 60 feet from the nearest neighbor and 42 feet from the principal structure. Please note if the accessory dwelling unit is approved, it will have to be inspected by a building official and comply with building code regulations. Per Prattville Zoning Ordinance, §7.01.03 Area and Dimensional Requirements., 2., The habitable floor area of an accessory dwelling must be at least 200 sf but not more than 50% of the gross floor area of the principal dwelling or 1,000 sf, whichever is more restrictive. As stated above, the habitable floor area of 480 square feet for proposed accessory dwelling. According to the tax records, the house is 1652 sq ft. The proposed Accessory Structure would be less than 50% of the principal dwelling (1652 x 50%=826 sf) DR A F T Page 4 of 5 Proposed addition will not encroach on any property setbacks and will meet all other requirements of the Zoning Ordinance. PLANNING STAFF EVALUATION: Reviewed by: Bria Hudson, Planner Pictures: DR A F T Page 5 of 5 DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T