2402 February 13 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 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:
Approved 3/12/2024
Prattville Board of Zoning Adjustment
February 13, 2024 Minutes
Page 1 of 2
City of Prattville Board of Zoning Adjustment Minutes February 13, 2024 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order at 4:00 p.m. on Tuesday, February 13, 2024 in the Prattville City Hall Council Chambers. After the Pledge of Allegiance, invocation and reading the Character Trait, the meeting commenced.
ROLL CALL: Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, and Mr. Greg Duke. Mr.
Jerry Crosby 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 Sincerity... Doing what is right with transparent motives. COMMITTEE REPORTS: There were no reports to be made. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: SPECIAL EXCEPTION: To allow an accessory dwelling. 1476 Tullahoma Drive Elester Wright & Kendra James, Petitioners
Mr. McKinney introduced the special exception request to allow an accessory dwelling on property located at 1476 Tullahoma Drive. Kendra James, 1337 Tullahoma Drive, petitioner, presented the request. She stated that the proposed structure will have the same material and roof as the main structure and will be attached by a walkthrough. The driveway allows for four additional parking along with the three-car garage. She stated that she has obtained approval from the HOA. Chairman Knapp opened the floor for public comments. Twyla Glover, 1478 Tullahoma Drive, stated that she couldn’t confirm with the HOA that permission had been granted for the structure. She spoke on concerns of the single-family zoning being violated and used as multi-family. Mrs. James confirmed that
HOA approval had been grated and the BZA asked that a copy of the HOA approval be provided to the city’s staff. After no further comments, the public hearing was closed.
Chairman Knapp opened the discussion for the Board. 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 proposal is an allowable special exception and is not a prohibited use
in the underlying zoning district; and 3) the proposed use will not cause substantial adverse impact to
Approved 3/12/2024
Prattville Board of Zoning Adjustment
February 13, 2024 Minutes
Page 2 of 2
adjacent or nearby properties. 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 to allow an accessory dwelling based on the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed unanimously. SPECIAL EXCEPTION: To allow an accessory dwelling. 108 Abney Drive Mark Andrews, Petitioner
Ms. Hudson introduced the special exception request to allow an accessory dwelling on property located at 108 Abney Drive. She stated that the applicant is proposing to permit the 12x40 shed for an accessory dwelling unit that has already been placed on the property. If the accessory dwelling unit is approved, it
will have to comply with building code regulations. Mark & Shauna Andrews, petitioners, presented the request stating that the unit was placed prior to obtaining a permit. They stated that they were ill-advised about permits. Mr. Barrett stated that the placement of the unit already has several issues of concern being that it was placed without proper permitting, it doesn’t comply with the building codes by not being on a permanent foundation, and it doesn’t comply with the zoning regulations by not maintaining the look of the principal dwelling. Chairman Knapp opened the floor for public comments. Melanie Eads, 113 Abney Drive, spoke in
opposition to the request. Along with her letter of opposition a letter of opposition was received from John & Linda Andrews. Letters are attached and made a part of the minutes. After no further comments, the public hearing was closed. Chairman Knapp opened the discussion for the Board. Mr. Duke moved to establish the findings of fact stating that [as submitted], the 1) development of the proposed use is in the public interest and does not
meet the spirit of the City of Prattville Zoning Ordinance; 2) the proposal is not an allowable special exception and is a prohibited use in the underlying zoning district; and 3) the proposed use will cause substantial adverse impact to adjacent or nearby properties. Mr. Barrett seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Chairman Knapp moved to deny the request as submitted to allow an accessory dwelling based on the approved findings of fact. Mr. Barrett seconded the motion. The motion to approve passed unanimously. MINUTES: Mr. Parker moved to approve the minutes of the January 9, 2024 regular meeting. The motion to approve passed unanimously. ADJOURN:
After no further comments, questions, or discussion the meeting was adjourned at 5:11 p.m. Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
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
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:
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
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.
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
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)
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:
Page 5 of 5
From:John Andrews
To:Morgan, Alisa
Subject:[EXTERNAL]108 Abney Drive
Date:Thursday, February 8, 2024 4:23:24 PM
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To whom it may concern: We have lived on Abney Drive for 50 years. We take great pride in our homes. During
the years we have watched our neighbors park cars on their grass, not cut their yards and not keep their homes up.
To add to our neighborhood a hodgepodge of buildings on a lot, would take away our property values we have
worked hard for. I strongly object to passing this petition.
Sincerely, John and Linda Andrews
Sent from my iPhone
From:Melanie Eads
To:Morgan, Alisa
Subject:[EXTERNAL]108 Abney Drive
Date:Monday, February 12, 2024 9:52:09 AM
Attachments:IMG_4798.HEIC
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We are opposed to the building being placed at 108 Abney Dr. Abney Estates is a single dwellingresidential area. We have been in our home for over 40 years.
Melanie Eads113 Abney Drive
Sent from my iPhone