2405 May 14 BZA (Draft) Pkt
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 May 14, 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: Thoroughness… Taking care of necessary details. Committee Reports: Old Business: None
New Business: 1. 240514-01 SPECIAL EXCEPTION: Single Family dwelling in a B-1 Zoning District 356 Highway 82 Bypass W Clyde Chambliss, Jr., Petitioner
Public Hearing District 1
2. 2404514-02 SPECIAL EXCEPTION: To allow an accessory dwelling 108 Abney Drive Mark & Shauna Andrews, Petitioners
Public Hearing District 7
Minutes: April 23, 2024 (Special Meeting)
Miscellaneous Adjourn:
Alabama Code Section 11-52-81 Board of adjustment - Appeals to circuit court from final decision of board of adjustment. Any party aggrieved by any final judgment or decision of such board of zoning adjustment may within 15 days thereafter appeal therefrom to the circuit court by filing with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of such appeal such board shall cause a transcript of the proceedings in the action to be certified to the court to which the appeal is taken, and the action in such court shall be tried de novo.
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Prattville Board of Zoning Adjustment
April 23, 2024 Minutes (Special Meeting)
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City of Prattville Board of Zoning Adjustment 1 Minutes 2 Special Meeting 3 April 23, 2024 4 5 6 CALL TO ORDER: 7 The special meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order at 4:00 p.m. 8 on Tuesday, April 23, 2024 in the Prattville City Hall Council Chambers. After the Pledge of Allegiance, 9
invocation and reading the Character Trait, the meeting commenced. 10 11 ROLL CALL: 12
Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Greg Duke, Ms. Sarah 13 Johnson and Supernumerary member, Mr. Neal Parker. Mr. Jerry Crosby was absent. 14 15
Quorum Present 16 17 Staff present were Mr. Scott Stephens, City Planner; Mr. Joshua McKinney, Planner; Ms. Bria Hudson, 18 Planner, and Ms. Alisa Morgan, Secretary. 19 20 CHARACTER TRAIT OF THE MONTH: 21 The Character Trait of the Month is Dependability … Fulfilling what I consented to do, even if it means 22
unexpected sacrifice. 23 24 COMMITTEE REPORTS: 25 26 OLD BUSINESS: 27 There was no old business to discuss. 28 29
Chairman Knapp changed the order that the agenda items were heard. 30 31 NEW BUSINESS: 32 REHEARING APPEAL: 33 To allow an accessory dwelling 34 108 Abney Drive 35 Mark & Shauna Andrews, Petitioner 36 37 Ms. Hudson introduced the appeal for a rehearing request allow an accessory dwelling on property located 38 at 108 Abney Drive. She stated that the initial request was heard and denied on February 13, 2024. An 39 appeal is requested to allow a rehearing of the previously denied Special Exception request for an 40 accessory dwelling. 41 42 Mark & Shauna Andrews, petitioners, presented the request. They explained the updated changes that 43 were made as recommended by the BZA. 44 45 Chairman Knapp opened the floor for public comments. Kevin Blevins, 107 Abney Drive, spoke in favor 46
of the request to allow an accessory dwelling. After no further comments, the public hearing was closed. 47 48 Chairman Knapp opened the discussion for the Board. In their review, the BZA finds that conditions, as 49
they existed at the time of the previous request, have changed substantially to warrant consideration of a 50 request prior to the end of the 365-day period. After no further discussion, the vote was called. Mr. Parker 51 moved to approve the request to allow a rehearing for an accessory dwelling at 108 Abney Drive. Ms. 52
Johnson seconded the motion. The motion to approve passed unanimously. 53 54
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Prattville Board of Zoning Adjustment
April 23, 2024 Minutes (Special Meeting)
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55 SPECIAL EXCEPTION: 56 R/V Park 57 1090 and 1091 Country Club Commercial Park Drive 58 Harry Dismukes & Jimmy Rawlinson, Petitioners 59 60 Mr. Stephens introduced the special exception request to allow a R/V Park on property located at 1090 61 and 1091 Country Club Commercial Park Drive. He provided the standards for RV parks and stated that 62 1090 does not meet the minimum parcel size and that the petitioners are requesting variances for other 63
standards on both lots. 64 65 Harry Dismukes and Jimmy Rawlinson, petitioners, presented the request. They stated that the property 66
would be used for parking for travel trailers. 67 68 Mr. Parker asked how did they plan to control who’s allowed to use the parking. The petitioners had no 69
plan at this time. 70 71 Chairman Knapp opened the floor for public comments. Wade Newman, 960 Foreside Drive; Ivan 72 Bolsoni of Fras-le Mobility; Louise Jennings McCullar, Howard Hill; and Mayor Gillespie, spoke in 73 opposition to the request over chief concerns that the proposed use is not a good fit for the location. The 74 public hearing was closed. The staff also received several correspondences in opposition to the request. 75 The letters are attached and made a part of the minutes. 76 77 Chairman Knapp opened the discussion for the Board. Mr. Barrett moved to establish the findings of fact 78 stating that 1) development of the proposed use is not in the public interest and does not meet the spirit of 79 the City of Prattville Zoning Ordinance; 2) the proposed RV Park is not a prohibited use in the B-2 district, 80 the proposed use is not appropriate at this location; and 3) the proposed use will cause substantial adverse 81 impact to adjacent or nearby properties or uses. Mr. Duke seconded the motion. The motion to approve 82 the findings of fact passed unanimously. 83
84 After no further discussion, the vote was called. Mr. Barrett moved to deny the request to allow a RV 85 Park based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve 86
passed unanimously. 87 88 VARIANCE: 89 To vary from the required minimum tract size and sanitation requirements for an R/V Park 90 1090 Country Club Commercial Park Drive 91 Harry Dismukes & Jimmy Rawlinson, Petitioners 92 93 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact 94 stating that the special exception for the RV Park has been denied, all variance requests are moot. Mr. 95 Barrett seconded the motion. The motion to approve the findings of fact passed unanimously. 96 97 After no further discussion, the vote was called. Chairman Knapp moved to deny the variance requests 98 based on the approved findings of fact. Mr. Parker seconded the motion. The motion to approve passed 99 unanimously. 100
101 MINUTES: 102 Mr. Parker moved to approve the minutes of the March 12, 2024 regular meeting. Mr. Duke seconded 103
the motion. The motion to approve passed unanimously. 104 105 Miscellaneous 106 107 ADJOURN: 108
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Prattville Board of Zoning Adjustment
April 23, 2024 Minutes (Special Meeting)
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After no further comments, questions, or discussion the meeting was adjourned at 5:17 p.m. 109 110 Respectfully submitted, 111 112
113 Alisa Morgan, Secretary 114
Board of Zoning Adjustment 115
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Board of Zoning Adjustment
Staff Report
Special Exception 240514-01
MEETING DATE: May 14, 2024
PETITIONER: Clyde Chambliss, Jr.
PROPERTY OWNER: Chambliss Properties, LLC
SUBJECT ADDRESS: 356 Highway 82 W Bypass
REQUEST: Special Exception single family residential in a B-1 zone
CURRENT ZONING: B-1 (Neighborhood Business District)
SURROUNDING LAND North: R-5 (Hearthstone Neighborhood) USES AND ZONING: South: R-2 (Hwy 82/undeveloped) East: B-1 (Shopping center (near Hearthstone)) West: R-2 (Single family residential)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: N/A
DESCRIPTION OF REQUEST:
1. Special Exception to allow single family residential in a B-1 zone
ZONING ORDINANCE REFERENCED:
Article 5 Nonresidential Districts
§5.02 B-1 Neighborhood Business District
The Purpose of this district is to provide for businesses of limited scale that serve the daily needs
of residents in adjoining neighborhoods and other uses compatible with neighborhood businesses
and the neighborhoods they serve
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Table 5-1: Uses Permitted in Nonresidential Districts (excerpt):
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 Special Exception to use the existing structure for single family residential use, with
continued use of the existing business (applicant’s engineering firm), and shop/warehouse on the same lot. The structure is
currently used as a professional office and the applicant would like to use it as a single-family residence. The structure
was originally built and used as a house.
Reviewed by: Joshua McKinney, Planner
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Board of Zoning Adjustment
Staff Report
Special Exception 240514-02
MEETING DATE: May 14, 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:
February 13, 2024 – Special Exception request for accessory dwelling denied by BZA
April 9, 2024 – Rehearing appeal approved by BZA
DESCRIPTION OF SPECIAL EXCEPTION REQUEST:
1. A special exception has been requested to allow an accessory dwelling unit in an R-2 Residential District DR
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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
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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:
The applicant is seeking approval to for a 480-square-foot accessory dwelling unit (ADU) on the existing property
at 108 Abney Street. The proposed ADU is approximately 12 feet wide by 40 feet long, located 60 feet from the
nearest neighbor and 42 feet from the principal structure. If approved, the ADU will need to be inspected by a
building official and comply with building code regulations.
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To better align with the Zoning Ordinance, the applicant has made the following alterations from the
previous request:
Shingle Roof/Gable Style: The design now includes a shingle roof in a gable style, matching the existing residential
aesthetic.
Gray Vinyl Siding: The applicant has selected gray vinyl siding to complement the style of the existing residential
structure.
Pole Barn Construction: The use of pole barn construction ensures a cost-effective and efficient building process,
providing a solid foundation for the proposed structure.
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)
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
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Pictures:
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