2406 June 11 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 June 11, 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: Resilience… Recovering from adversity. Committee Reports: Old Business: None
New Business: 1. 240611-01 SPECIAL EXCEPTION: Outdoor Storage/Unenclosed Retail 625 E Main Street Morgan Dungan, Petitioner
Public Hearing District 6
2. 240611-02 SPECIAL EXCEPTION: Home Occupation-Dog Grooming 703 Durden Road Shelby Martin, Petitioner
Public Hearing District 1
Minutes: May 14, 2024
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
May 14, 2024 Minutes
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City of Prattville Board of Zoning Adjustment 1 Minutes 2 May 14, 2024 3 4 5 CALL TO ORDER: 6 The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order at 4:00 p.m. 7 on Tuesday, May 14, 2024 in the Prattville City Hall Council Chambers. After the Pledge of Allegiance, 8 invocation and reading the Character Trait, the meeting commenced. 9
10 ROLL CALL: 11 Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Jerry Crosby, Mr. 12
Greg Duke, and Supernumerary member, Mr. Neal Parker. Ms. Sarah Johnson was absent. 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 Thoroughness… Taking care of necessary details. 21 22 COMMITTEE REPORTS: 23 24 OLD BUSINESS: 25 There was no old business to discuss. 26 27
Chairman Knapp changed the order that the agenda items were heard. 28 29 NEW BUSINESS: 30
SPECIAL EXCEPTION: 31 To allow an accessory dwelling 32 108 Abney Drive 33 Mark & Shauna Andrews, Petitioner 34 35
Ms. Hudson introduced the special exception request to allow an accessory dwelling on property located 36 at 108 Abney Drive. She stated that the petitioner is proposing a gable style shingle roof, gray vinyl 37 siding, of pole barn construction. The proposed accessory dwelling will not encroach on any property 38 setbacks and will meet all other requirements of the Zoning Ordinance. 39 40 Mark & Shauna Andrews, petitioners, presented the request. They explained the updated changes that 41 were made as recommended by the BZA. 42 43 Chairman Knapp opened the floor for public comments. Kevin Blevins, 107 Abney Drive, spoke in favor 44 of the request to allow an accessory dwelling. After no further comments, the public hearing was closed. 45 46
Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact 47 stating that 1) development of the proposed use is in the public interest and meets the spirit of the City of 48 Prattville Zoning Ordinance; 2) the proposal is an allowable special exception, and is not a prohibited use 49
in the underlying zoning district; and 3) the proposed use will not cause substantial adverse impact to 50 adjacent or nearby properties. Mr. Duke seconded the motion. The motion to approve passed 51 unanimously. 52
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Prattville Board of Zoning Adjustment
May 14, 2024 Minutes
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The vote was called. Mr. Barrett move to approve the request as presented based on the approved findings 53 of fact. Mr. Crosby seconded the motion. The motion to approve an accessory dwelling unit at 108 Abney 54 Drive passed unanimously. 55 56 SPECIAL EXCEPTION: 57 Single Family dwelling in a B-1 Zoning District 58 356 Highway 82 Bypass W 59 Clyde Chambliss, Jr., Petitioner 60 61
Mr. McKinney introduced the special exception request to allow a Single-Family dwelling in a B-1 Zoning 62 District on property located at 356 Highway 82 Bypass W. He stated that the property is currently being 63 used as office space for a business and has been previously used as single family residential. 64
65 Clyde Chambliss, petitioner, presented the request. He stated that the property is family property and 66 would like to continue the use for his personal residential use. 67
68 Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed. 69 70 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact 71 stating that 1) the proposed use will not cause substantial adverse impact to adjacent or nearby properties 72 or uses; and 2) meets all requirements. Mr. Crosby seconded the motion. The motion to approve the 73 findings of fact passed unanimously. 74 75 After no further discussion, the vote was called. Mr. Parker moved to approve the request to allow a 76 single family residential in a B-1 Zoning District based on the approved findings of fact. Mr. Barrett 77 seconded the motion. The motion to approve passed unanimously. 78 79 MINUTES: 80 The minutes of the April 23, 2024 special meeting was approved as corrected. 81
82 Miscellaneous 83 84 ADJOURN: 85 After no further comments, questions, or discussion the meeting was adjourned at 4:25 p.m. 86 87
Respectfully submitted, 88 89
90 Alisa Morgan, Secretary 91 Board of Zoning Adjustment 92 DR
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Board of Zoning Adjustment
Staff Report
Special Exception 240611-01
MEETING DATE: June 11, 2024
PETITIONER: Morgan Dungan
PROPERTY OWNER: Lets Sell Realty
SUBJECT ADDRESS: 625 E Main St.
REQUEST: Special Exception to allow outdoor storage/unenclosed retail of storage units
CURRENT ZONING: B-2 (General Business District)
SURROUNDING LAND North: B-2 (Winn-Dixie/East Main Shopping Center) USES AND ZONING: South: B-2 (Hwy 82/Hardees/BB&T) East: B-2 (East Main Shopping Center) West: B-2 (Flacco Tires)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: N/A
DESCRIPTION OF REQUEST:
1. Special Exception to allow outdoor storage/unenclosed retail of retail sales storage units in a B-2 zone
ZONING ORDINANCE REFERENCED:
Article 5 Nonresidential Districts
§5.02 B-2 General Business District
The Purpose of this district is to provide for a wide variety of business, lodging, offices and
compatible uses which are often located to serve through traffic. May include limited outdoor
storage secondary of the principal use.
Manufacturing incidental to retail business, not specifically prohibited, where articles are sold at
retail on the premises may be permitted as a Special Exception.
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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 allow outdoor storage/unenclosed retail of storage units zoned for B-2.
The property is currently not occupied. Lot was previously used by “Rite Auto Group.”
This area of E Main St sees over 18,000 cars per day (2022 ALDOT AADT count).
Reviewed by: Joshua McKinney, Planner
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Looking from E Main St (looking north):
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From the entrance into Winn Dixie shopping center (looking northeast):
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Rear view, from the Winn Dixie parking lot (looking south):
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COTTONSTATEBARNS.COM
Built in ALABAMA for ALABAMA since 2002
TOP QUALITY PORTABLE BARNS
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We Ensure that All Exposed Natural Wood is Pressure-Treated (including trim, ground skids, floor joists, and natural wood siding)
We Build All Our Roofs with 29 Gauge Metal or 30-Year Dimensional Shingles
We Insist Our Floor Joists be Constructed of Sturdy 2”x6” Lumber Mounted on 4”x6” Notched Ground Skids Laid Out on 16” Centers (12” centers are standard in all garage models)
We Offer Premium Sidings: LP Smartside®, 29 Gauge Metal, or T1-11
We Construct Durable Floorings: 5/8” Pressure-Treated Plywood or 5/8” Tongue-n-Groove Smooth Finish
We Install Diamond-Plated Thresholds on Most Models
We Use Only Top-Quality Paints, Sealants, and Urethane
We Use No-Rust Galvanized Ring-Shanked Nails
We Install Hurricane Straps in Every Barn
We Use Engineer Approved Metal Truss Connector Plates for Stronger, More Reliable Trusses (also used in our wood doors)
We Include Rubber Door Stops (to prevent damage)
We Provide Locks and Keys
THE DIFFERENCE IS OUR QUALITY!
At Cotton State Barns we remain dedicated to the old-fashioned precepts of HONESTY, INTEGRITY, WORK ETHIC, and QUALITY. These time-proven values are the bedrock of our company, and we strive to maintain them in everything we do!
From manufacturing to delivery, we want the craftsmanship and quality of our products to exceed every reasonable expectation, and the professionalism and courtesy of our service to be second to none!
Why set such high standards? Because it is the only way we can offer the best, most affordable storage solutions, and the only
way we can deserve your trust!
AFTER ALL, HIGH-QUALITY, LONG-LASTING STORAGE BUILDINGS ARE WHAT WE DO, AND WE INSIST ON DOING THEM RIGHT!
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BARNS
Barns come standard with:
• 46” Wall Height
• Double Wood Doors (a single 4’ wood door if 8’ wide)
• Diamond-Plated Threshold
*Pictured as standard. See pages 9 and 10 for a full selection
of options you can add!
LOFTED BARNSLofted Barns come standard with:
• 78” Wall Height (much higher than
industry standard)
• Lofts (can add up to 80% more storage space in same sq. footage area)
• Diamond-Plated Threshold
• 10’ Wide and Wider - Double Wood Doors (70” opening)
• 8’ Wide - Single Wood Door (46” opening)
*Non-Standard options shown here include Transom Doors, 6’ Transom Window, and Loft Door.
SIDE LOFTED BARNSSide-Lofted Barns come with the same standard features as Lofted Barns, but also:
• 10’ Long - Single Wood Door with
One 2’x3’ Window
• 12’ Long - Choice of Single Wood Door
with Two 2’x3’ Windows, or Double Wood
Doors with One 2’x3’ Window
• 14’ Long and Longer - Double Wood Doors with Two 2’x3’ Windows
*Non-Standard options shown here include Transom Doors, Shutters, and Octagon Windows.
STANDARD MODEL
STANDARD MODELDR
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COTTAGE SHEDS
Cottage Sheds come standard with:
• Classic Saltbox Roof
• Diamond-Plated Threshold
• 7’ Wood Door(s)
• 10’ Long - Single Wood Door and One 2’x3’ Window
• 12’ Long - Choice of Single Wood Door and Two
2’x3’ Windows, or Double Wood Door and One 2’x3’ Window
• 14’ Long and Longer - Double Wood Doors and Two 3’x3’ Windows
14’ OR LONGER COTTAGE SHED14’ OR LONGER SIDE LOFTED BARN, GARDEN SHED
12’ LONGOPTIONAL SIDE LOFTED BARN,GARDEN SHED, COTTAGE SHED
12’ LONG STANDARD SIDE LOFTED BARN,GARDEN SHED, COTTAGE SHED
10’ LONGSIDE LOFTED BARN,GARDEN SHED, COTTAGE SHED
8’ WIDEBARN, LOFTED BARN, UTILITY
*Pictured as standard. See pages 9 and 10 for a full selection of
options you can add!
*14’ and 16’ wide models may be available in some areas.
UTILITY SHEDSUtility Sheds come standard with:
• 10’x16’ and Larger - 92” Wall Height and 7’ Tall Double Wood Doors (70” opening)
• 10’x14’ and Smaller - 75” Wall Height and 6’ Tall
Double Wood Doors (70” opening)
• 8’ Wide - Single 6’ Wood Door (46” opening)
• Diamond-Plated Threshold
GARDEN SHEDSGarden Sheds come with the same standard features
as Utility Sheds, but also:
• 10’ Long - Single Wood Door with One 2’x3’ Window
• 12’ Long - Choice of Single Wood Door with Two 2’x3’ Windows, or Double Wood Doors with One
2’x3’ Window
• 14’ Long and Longer - Double Wood Doors with Two 2’x3’ Windows
*Non-Standard options shown here include Transom Doors and Shutters.
*See Pages 9 & 10 for a full selection of these and many other options that can be added.
STANDARD MODEL
STANDARD MODEL
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LOFTED BARN CABIN
Comes standard with 4’ Front Porch, 5/4” Wood Porch
Decking, 9-Lite Steel-Clad Walk-In Door, Three 2’x3’ Windows, 78” Walls, Wood Railings, Lofts, 16” OC Wall
Studs, Two Vents, and 2”x6” Floor Joists.
DELUXE LOFTED BARN CABIN
Comes standard with Wrap-Around Porch, 5/4” Wood
Porch Decking, 9-Lite Steel-Clad Walk-In Door, Four 2’x3’ Windows, One 3’x3’ Window, 78” Walls, Wood
Railings, Lofts, 16” OC Wall Studs, Two Vents, and
2”x6” Floor Joists.
CABIN
Comes standard with 4’ Front Porch, 5/4” Wood Porch
Decking, 9-Lite Steel-Clad Walk-In Door, Three 2’x3’ Windows, 92” Walls, Wood Railings, 16” OC Wall Studs,
Two Vents, and 2”x6” Floor Joists.
DELUXE CABIN
Comes standard with Wrap-Around Porch, 5/4” Wood
Porch Decking, 9-Lite Steel-Clad Walk-In Door, Four 2’x3’ Windows, One 3’x3’ Window, 92” Walls, Wood
Railings, 16” OC Wall Studs, Two Vents, and 2”x6”
Floor Joists.
*Non-Standard options shown here include Shutters, Octagon Windows, 4-Lite Walk-In Doors, 11-Lite Walk-In Doors, Vinyl
Handrails, and Composite Porch Decking.
*See Pages 9 & 10 for a full selection of these and many other options that can be added.
STANDARD MODEL STANDARD MODEL
STANDARD MODEL STANDARD MODEL
CABINSOur cabin line offers a variety of choices that can fit every budget!
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TOOL SHEDS
Tool Sheds come standard with:
• 75” Rear-Wall Height
• 100” Minimum Front-Wall Height (varies with size
of building)
• 7’ Double Wood Doors (70” opening)
• Diamond-Plated Threshold
*Non-Standard options shown here include 6’ Doors and three Transom Windows.
*See Pages 9 & 10 for a full selection of these and many other options that can be added.
GARAGES
Garages come standard with:
• 9’ Roll-Up Door
• Diamond Plated Threshold
• 12” OC Floor Joists
• 36” Steel-Clad Walk-In Door
• 2’x3’ Window
STANDARD MODEL
STANDARD MODEL
*Non-Standard Options shown here include a 9’ Panel Garage Door (instead of the standard 9’ Roll-Up Door) and Shutters.
*See Pages 9 & 10 for a full selection of these and many other options that can be added.
LOFTED BARN GARAGES
Lofted Barn Garages come with the same standard
features as Garages, but also with lofts that can add up
to 80% more storage space in the same square footage area (the lofts require 78” wall heights).
The standard 12” floor joists provide sturdy support for
a wide variety of uses, while the 36” steel-clad walk-in door provides easy access.
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PIONEER CABINS
Pioneer Cabins come standard with:
• Full-Length Porch
• 92” Wall Height
• 9-Lite Steel-Clad Walk-In Door
• Four 2’x3’ Windows
• 16” OC Wall Studs
• 2”x6” Floor Joists
*Non-Standard Options shown here include Shutters, 4-Lite Walk-In Doors and 5-Lite Walk-In Doors, Vinyl Handrails, and
Composite Porch Decking.
*See Pages 9 & 10 for a full selection of these and many other options that can be added.
SUN STUDIOS
For hobbyists and crafters our new SUN STUDIO
comes with many window options that let the
sunlight in! Sun Studios come standard with:
• Three 10”x34” Transom Windows in Dormer
• 6’ Transom Doors
• Two 2’x3’ Windows
• Shutters
*Shutters not Standard on 16’ wide front walls.
*See pages 9 and 10 for a full selection of options you can add!
*Non-Standard Options shown here include a 9’ Panel Garage Door (instead of the standard 9’ Roll-Up Door) and Shutters.
*See Pages 9 & 10 for a full selection of these and many other options that can be added.
LOFTED PIONEER CABINS
Lofted Pioneer Cabins come with the same standard
features as the Pioneer Cabin, but also with lofts, two
octagon windows (one per end), ridge vents, and 78” walls.
This cabin can be upgraded with vinyl railing and
composite decking to make this a long-lasting, one-of-a-kind storage barn.
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BUDGET SERIES
If affordability is the primary concern, our Budget
Series Metal Barn offers the most for the least!
*No options such as Windows, Doors, or other Sidings can be substituted or added. In some areas we offer a limited choice of Custom Metal Colors (additional charges may apply).
LIVESTOCK SHELTERS
• Livestock Shelters come standard with
Pressure-Treated Kickboards for greater
animal protection.
• Tack Room (as shown) not standard.
*See dealer for details regarding additional stalls and dividers.
CABANAS
Pictured as standard. LP Smart Siding, Composite
Decking, Vinyl Railings, and an assortment of Paint and Urethane Colors are available - some for
additional charges.
WE OFFER BUILD-ON-SITE
Our “BUILD-ON-SITE” option is a perfect solution when
delivering one of our pre-built barns is not possible!
Contact your nearest dealer for more information and
current pricing.
*We cannot paint, stain, or seal Build-On-Site barns.
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CHOOSE YOUR LOOK:
CHESTNUT BROWN DRIFTWOOD RED-MAHOGANY
PAINT
DARK GRAY
SANDSTONE
BROWN RED CLAY LIGHT GRAY TAN TAUPE ALMOND
BELMONT BLUE NAVY BLUE PEQUEA GREEN
PINNACLE
RED
BLACK BORA BORA BUCKSKIN GREEN
WHITE
MINT
*ACTUAL COLORS MAY VARY. See dealer for actual color samples. We are not responsible for matching colors from printed or digital images. Availability of options, colors, materials and finishes may vary by region. Ask your dealer for details and pricing.
HONEY GOLD
METAL
BROWNGALVALUMEALAMOBLACKTAN BURGUNDY BURNISHED
SLATE
CHARCOAL
CRIMSON LIGHT STONE OCEAN
TAUPE
FOREST GALLERY GRAY IVORYHUNTER
RUSTIC
SIDING
BRILLIANT
5/8” SMOOTH TONGUE AND GROOVE
5/8” TREATEDPLYWOOD
*Available in 3/4” for Additional ChargeT1-11 METAL LP SMART
SIDING
BLACK CEDAR WEATHERED
WOOD
URETHANE SHINGLES
FLOORINGDR
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GARAGE DOOR OPTIONS
Transom Window Octagon Window Shutters
Loft Shelves Work Bench
Rollup Garage Door Panel Garage Door
Vinyl RailingComposite Decking
DOOR OPTIONS
2’x3’ Window 3’x3’ Window
11-Lite Door
WINDOW OPTIONS
INTERIOR OPTIONS
PORCH OPTIONS
BARN DOORS
*2’x3’ and 3’x3’ Windows available in Single Pane and Double Pane.
*Shutters available on all 2’x3’ Windows and 3’x3’ Windows.
*Available in 29”, 35”, and 72” Width
Radiant Barrier
6’ or 7’ Double Door 6’ or 7’ Double Transom
Door
Single Door
5-Lite DoorENTRY DOORS
Working Loft Door
Steel-Clad Door 9-Lite Door4-Lite Door
*Available in multiple sizes and colors.
*Double Doors are available in 6’ or 7’ height.
GARAGE DOOR OPTIONS
MORE OPTIONS:
• 12” OC FLOOR JOISTS
(standard in all garages)
• EXTRA SKID
• EXTRA HEIGHT
(8’X12’-10’X14’ GS/UT ONLY)
• RIDGE VENT
• VAPOR BARRIER (house wrap)
• THERMOFOIL INSULATION
(double bubble)
• RADIANT BARRIER ROOF DECKING
• RADIANT BARRIER SIDING
• 160 MPH WIND RATING
• 70 LB. SNOW LOAD ROOF
• ADDITIONAL BENCHES (Cabana)
• EXTRA STALLS (Livestock Shelter)
• TACK ROOM (Livestock Shelter)
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Cotton State Barns and/or CTH Rentals, LLC., reserves the right to correct any errors or misrepresentations regarding its products, policies
and/or pricing made by its employees or independent affiliates. All pricing is subject to change without notice.
FREE DELIVERY AND SET UP!
We offer free delivery and set-up within a 50-mile radius of your dealer. No ground prep
is necessary if site is no more than 3’ out of level in any direction. Wooden leveling
blocks will be provided free-of-charge to level your building provided your site is no
more than 1’ out of level in any direction (customer provided concrete blocks must
be used if more than 1’ out of level in any direction). All sites must be accessible to
trucks, trailers, and set-up equipment, and RTO sites cannot require crossing adjacent
properties for access.
All necessary permits (and/or legal requirements of any kind) regarding any aspect of purchasing or
renting a Cotton State barn are the sole responsibility of the customer, as well as all determinations
regarding ground conditions and site suitability. We are not - nor are our affiliates - responsible for any
above ground or underground damages which may result from a delivery attempt, nor are we responsible
for removing obstacles (such as fences, tree limbs, etc.).
*Visit our website at cottonstatebarns.com and click on the “Delivery” tab for more very important details regarding our delivery policies. (While we strive to maintain the shortest ‘wait times’ in the industry, these ‘wait times’ can vary due to weather, ground conditions, and seasonal demand).
ENGINEER CERTIFIED!
Our standard non-metal barns are engineer-certified, meet IBC standards, and are
classified as Minor Storage Facilities (Occupancy Category 1) that are not intended for
any other use (metal barns are not certified, nor do we guarantee code compliance in
every jurisdiction for any barn). Higher snow load and wind load packages can be added
for an additional cost (see “Options” and/or ask dealer for details).
*Visit our website at cottonstatebarns.com and click on the “Engineer Certifications” tab for more very important details regarding our certifications, availability of plans, and other related policies and offerings.
DIMENSIONSDue to D.O.T. regulations our 12’, 14’, and 16’ wide buildings are labeled with nominal values that are not the exact measurements of the interior or exterior widths (or eave widths) of our barns (eave widths
vary by model).
*Visit our website at cottonstatebarns.com and click on the “Dimensions” tab for more very important details and
diagrams regarding our interior and exterior dimensions.
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Cotton State Barns offers a limited lifetime
warranty on all pressure-treated wood
components regarding termite damage and fungal decay.
*Visit our website at cottonstatebarns.com and click
on the “Warranty” tab for more very important details
regarding our warranty policies and their limitations.
RENT-TO-OWN
36, 48, & 60 MONTH CONTRACT OPTIONS
Our Rent-to-Own program allows customers to rent the barns with NO
CREDIT CHECK when purchasing is not an option. There is no credit
application to fill out and you are not required to keep the barn.
6-YEAR
FRONT-TO-BACK
WARRANTY!
LIMITED LIFETIME WARRANTY!
Visit us online to learn more.
COTTONSTATEBARNS.COM
Cotton State Barns offers a 6-YEAR FRONT-TO-BACK WARRANTY on both material defects and the craftsmanship of our products on every new barn we
sell! (Normal aging, wear & tear, weather related issues,
customer damages, and some components provided by
other suppliers are excluded.)
*Visit our website at cottonstatebarns.com and click on the
“Warranty” tab for more very important details regarding our warranty policies and their limitations.
DEALER INFORMATION
OWN THE BARN | After all the contract obligations are met, the barn is yours to keep.
NO CREDIT CHECKS | Low credit score? Not a problem!
STOP ANY TIME | Stop renting at any time without affecting your credit rating.
NO PENALTY FEES | Want to pay off your barn early? No problem! We won’t charge you any extra fees.
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Board of Zoning Adjustment
Staff Report
Special Exception 240611-02
MEETING DATE: June 11, 2024
PETITIONER: Shelby Martin
PROPERTY OWNER: Michael and Regina Mims
SUBJECT SITE: 703 Durden Rd
REQUEST: Requesting a special exception to allow a dog grooming business in R-3
Residential District.
CURRENT ZONING: R-3 (Single-Family Residential)
SURROUNDING LAND North: Single-Family Residential (R-3) / Undeveloped USES AND ZONING: South: Single-Family Residential (R-3)
East: Single-Family Residential (R-3) & Manufactured Housing District (T-2) West: Single-Family Residential (R-3)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF SPECIAL EXCEPTION REQUEST:
A special exception has been requested to allow a dog grooming business/home occupation in R-3 Residential District.
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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:
§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.
§7.09.05 Tier 2 Home Occupations
1. Tier 2 Home Occupations require Special Exception approval from the Board of Adjustment. Examples of Tier 2 home
occupations include, but are not limited to: on-site music instruction and tutoring, professional offices involving client
visits, small engine repair, cosmetology, animal grooming, any home occupation employing someone not living on the
property, Tier 1 home occupations that are unable to meet one or more of the criteria listed in §7.09.04.1, and other
activities which the Director determines to be substantially similar in character, nature, intensity, or impact to these. Tier 2
home occupations must comply with the following criteria:
a. At least one resident of the dwelling must be engaged in the home occupation and no more than one non-resident may
be engaged or employed in the business activity;
b. Any business-related materials or equipment, including trailers, must be kept inside the dwelling or accessory structure
or fully enclosed behind a fence. On lots larger than one acre, materials or equipment may be located in rear or side yards
without being enclosed provided they are at least 50 feet from the nearest property line.
c. For music instruction, tutoring or similar teaching, professional or consulting services involving clients coming
to the home, animal grooming, cosmetology, and similar services, no more than two clients may be on the premises
at any time, and no more than ten clients visiting the home on any day. This number may be reduced by the Board
of Adjustment;
d. Small engine repair is limited to small engines no larger than two cylinders used in lawn mowers, trimmers, and similar
lawn equipment;
e. Any other restrictions or conditions required by the Board of Adjustment.
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2. Uses specifically prohibited as home occupations:
a. Any use involving guns or weapons of any kind
b. Automobile engine or body repair
c. Automobile tire sales, mounting, or repair
d. Vehicle sales
e. Animal kennels or boarding
f. Junk, waste, or vehicle parts storage
g. Furniture upholstery and refinishing
h. Tow truck service
i. Other activities which the Director determines to be substantially similar in character, nature, intensity, or impact to
these.
ANAYLSIS/EVALUATION:
A special exception has been requested to permit the operation of a dog grooming business as a home occupation (Tier 2)
within an R-3 Residential District. The proposed business will not be conducted within the principal structure on the
property, instead, it will be conducted in a 6x12 enclosed utility structure situated on the side of the property.
This property has been vacant recently, but the applicant states she is preparing to occupy it. The Zoning Ordinance requires
home occupations to be secondary to the residential purpose. The house must be a ‘home’ in order to have a home
occupation. Tier 2 home occupations require “at least one resident of the dwelling must be engaged in the home
occupation…” (§ 7.09.04 (1) (a)). The Board should verify occupancy and ensure it property will be used as a residence
prior to considering a home occupation use.
Note: a business license has been issued for this location, with Planning Department approval. There was some confusion
on whether this was a “mobile” unit which would have qualified for a Tier 1 home occupation use. A complaint was
received by the City which brought more facts to our attention.
PLANNING STAFF EVALUATION:
Reviewed by: Bria Hudson, Planner
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Pictures:
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