2407 July 09 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 July 9, 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: Patience… Taking the time necessary to work through a difficult situation. Committee Reports: Old Business: None
New Business: 1. 240709-02 SPECIAL EXCEPTION: Outdoor Storage/Unenclosed Retail 2231 Cobbs Ford Road Jorge Sanchez, Petitioner
Public Hearing District 5
Minutes: June 11, 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.
DR
A
F
T
Draft
Prattville Board of Zoning Adjustment
June 11, 2024 Minutes
Page 1 of 3
City of Prattville Board of Zoning Adjustment 1 Minutes 2 June 11, 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, June 11, 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, Mr. Jerry Crosby, Mr. Neal Parker, Ms. Sarah Johnson. 12
Vice-Chairman Billy Barrett was absent. 13 14 Quorum Present 15
16 Staff present were Mr. Scott Stephens, City Planner; Mr. Joshua McKinney, Planner; and Ms. Bria 17 Hudson, Planner. 18 19 CHARACTER TRAIT OF THE MONTH: 20 The Character Trait of the Month is Resilience… Recovering from adversity. 21 22 COMMITTEE REPORTS: 23 24 OLD BUSINESS: 25 There was no old business to discuss. 26 27 NEW BUSINESS: 28
SPECIAL EXCEPTION: 29 To allow outdoor storage/unenclosed retail 30 625 E Main Street 31 Morgan Dungan, Petitioner 32 33 Mr. McKinney introduced the special exception request to allow outdoor storage/unenclosed retail at 625 34 E Main Street. He stated that the petitioner is proposing sales of storage units in a B-2 zone. The proposed 35
sells of outdoor storage/unenclosed requires a Special Exception for B-2 zoning. 36 37 Morgan Dungan, petitioner, presented the request. She explained they will display 10-12 storage units. 38
Occasionally, customers will buy off the lot. 39 40 Chairman Knapp opened the floor for public comments. Jon Lee Finnegan, 211 Deer Trace, spoke against 41
the proposed location of the sales of outdoor storage/unenclosed retail of storage units. 42 43 Louise Jennings, neighboring property owner, spoke against the proposed location of the sales of outdoor 44 storage/unenclosed retail of storage units. She had concerns of visibility for the businesses and traffic. 45 46 William Pierce spoke against the proposed location of the sales of outdoor storage/unenclosed retail of 47 storage units. He had concerns of visibility and not a good neighboring use. 48 49 Mayor Bill Gillespie, spoke against the proposed location of the sales of outdoor storage/unenclosed retail 50 of storage units. He had concerns of the proposed location and appearance for the entrance into downtown. 51 52 After no further comments, the public hearing was closed. 53 54
DR
A
F
T
Draft
Prattville Board of Zoning Adjustment
June 11, 2024 Minutes
Page 2 of 3
Chairman Knapp opened the discussion for the Board. Chairman Knapp moved to establish the findings55 of fact stating that 1) the proposal is an allowable special exception, and is not a prohibited use in the 56 underlying zoning district; and 2) the proposed use will not cause substantial adverse impact to adjacent 57 or nearby properties. There was no second for the findings of fact and no further motions. Due to the lack 58 of a second or further motions by the Board, the Chairman declared the request denied. 59
60 SPECIAL EXCEPTION: 61 Home Occupation-Dog Grooming 62 703 Durden Road 63 Shelby Martin. Petitioner 64
65 Ms. Bria Hudson introduced the special exception request to allow a dog grooming business in R-3 66
Residential District. She stated that the proposed business will not be conducted within the principal 67 structure, but in a 6x12 enclosed utility trailer/structure. The home is currently vacant but the applicant is 68 preparing to occupy it. 69
70 Shelby Martin, petitioner, presented the request. She stated that the property is family property and would 71 like to use the property as a grooming service and residential use. 72
73 Chairman Knapp opened the floor for public comments. 74
75 Katherine Church, 722 Durden Rd, spoke against the request. She stated that nobody currently lives at the 76 property, there are loud noises, unknown vehicles arriving and leaving, concerns of animals running 77 freely, and concerns of grooming waste water. 78
79 Iris Korthauer, 444 Cargill St., spoke against the proposed grooming services. She had concerns of heavy 80 traffic. 81
82 Leslie Vaughn, spoke in favor for proposed use. 83
84 Jeremias Briceno, 725 Durden Road, expressed his concern for property being turned into commercial. 85
86
Wade Newman, 960 Fireside Dr., neither for or against. Concern of environmental growth, security, and 87 traffic. 88
89
The public hearing was closed. 90
91 The Board had questions for the applicant. Ms. Martin said she averaged approximately four animals for 92 grooming per day. She stated that today, the day of the meeting, was her move-in date into the house. 93 She said she understood boarding or kennels were not allowed. 94
95 Chairman Knapp opened the discussion for the Board. The discussion emphasized that other city codes, 96 such as requirements to make a residence occupiable, must still be followed. 97
98 Mr. Parker moved to establish the findings of fact stating that 1) the proposed use will not cause substantial 99 adverse impact to adjacent or nearby properties or uses; and 2) the proposal is an allowable special 100
exception; and 3) the proposal is in the spirit of the zoning ordinance. Ms. Johnson seconded the motion. 101 The motion to approve the findings of fact passed unanimously. 102
103
Mr. Parker moved to approve the request to allow special exception on condition that all other rules are 104 following and that the applicant live on the property as she conducts business. Mr. Crosby seconded the 105 motion. The motion to approve passed unanimously. 106
107
108
DR
A
F
T
Draft
Prattville Board of Zoning Adjustment
June 11, 2024 Minutes
Page 3 of 3
MINUTES: 109 The minutes of the May 14, 2024 meeting were approved. 110 111 Miscellaneous 112 113 Mayor Gillespie expressed his appreciation for the work of the Board and that he had discussed with the 114 City’s Public Works Director the possibility of some further beautification, including possibly a fence, 115 along the right-of-way in the 400-block of E Main Street. 116 117 ADJOURN: 118 After no further comments, questions, or discussion the meeting was adjourned at 5:47 p.m. 119 120
121 Respectfully submitted, 122 123
124 J. Scott Stephens, Acting Secretary 125 Board of Zoning Adjustment 126
DR
A
F
T
Page 1 of 6
Board of Zoning Adjustment
Staff Report
Special Exception 240709-02
MEETING DATE: July 9, 2024
PETITIONER: Jorge Sanchez (Legacy in Stone)
PROPERTY OWNER: John Simmons Jr.
SUBJECT ADDRESS: 2231 Cobbs Ford Rd.
REQUEST: Allow outside storage/unenclosed retail
CURRENT ZONING: B-2 (General Business District)
SURROUNDING LAND North: B-2 (DSG Realty LLC) USES AND ZONING: South: B-2 (Exchange Shopping Center across Cobbs Ford Rd) East: B-2 (Mr. Mattress) West: B-2 (OneMain Financial/Carol’s Carpet/Ashley Homestore)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: N/A
DESCRIPTION OF REQUEST:
1. Allow outside storage for granite/stone material for B-2
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.
DR
A
F
T
Page 2 of 6
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 for granite/stone countertop
material in a B-2 district. Lot was previously used by “AutoMax.”
Reviewed by: Joshua McKinney, Planner
DR
A
F
T
Page 3 of 6
Current Store Front (Cobbs Ford Rd):
DR
A
F
T
Page 4 of 6
DR
A
F
T
Page 5 of 6
DR
A
F
T
Page 6 of 6
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