2410 October 8 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 October 8, 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: Self-Control… Rejecting wrong desires and doing what is right.
Committee Reports:
Old Business: None
New Business: 1. 241008-01 SPECIAL EXCEPTION:Home Occupation - Hair Salon 1860 Seasons Drive Tammie Bacon, Petitioner
Public Hearing District 5
2. 241008-02 SPECIAL EXCEPTION:Truck Leasing 1062 S Memorial Drive Penske Truck Leasing, Petitioner
Public Hearing District 6
3. 241008-03 SPECIAL EXCEPTION:Residential use in a B-1 Zoning District 101 N Chestnut Street Alfred Booth, Petitioner
Public Hearing District 1
Minutes: August 13, 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
August 13, 2024 Minutes
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City of Prattville Board of Zoning Adjustment Minutes August 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, August 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 Ms. Sarah Johnson, Mr. Neal Parker, Mr. Greg Duke, and Vice Chairman Mr. Billy Barrett. Chairman Charles Knapp and Mr. Jerry Crosby was absent.
Quorum Present Staff present were Mr. Scott Stephens, City Planner; Mr. Joshua McKinney, Planner; and Ms. Bria Hudson, Planner.
CHARACTER TRAIT OF THE MONTH: The Character Trait of the Month is Decisiveness… Processing information and finalizing difficult decisions.
COMMITTEE REPRTS:
OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: SPECIAL EXCEPTION: Metal Siding on Exterior of Structure 2207 Howard Murfee Drive Webb Builders Inc., Petitioner Ms. Hudson introduced the special exception request to allow metal siding on side facades of the structure. She stated that the petitioner is proposing an office with street-facing of hardie and stone and side façade
with a 20 foot wraparound of the same. Ms. Hudson also noted that this design will be similar to the Durbin Auto parts on South Memorial that petitioner also designed Mr. Barrett asked if the prosed building will be length wise and asked if that façade will be the only one facing the street-side and Ms. Hudson said yes the office side will be facing on Howard Murfee Drive. Mr. Stephens also clarified which elevation would be considered the street-façade according to the zoning ordinance. Danny Webb; Webb Builders Inc, petitioner, appeared for the request and answered questions from the Board. The owner also appeared to provide further information about the use of this development. The Board didn’t have any questions after the petitioner and owner presented the detail about the proposed
development Vice Chairman Barrett opened the floor for public comments. After seeing none, the public hearing was
closed. Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact
stating that 1) the proposal is in the public interest and meets the spirit of the Zoning Ordinance; 2) the proposal is an allowable special exception, and is not a prohibited use in the underlying zoning district;
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Prattville Board of Zoning Adjustment
August 13, 2024 Minutes
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and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties. The motion was seconded by Mr. Duke. The findings of fact were approved unanimously.
Mr. Parker moved to approve the Special Exception based on the findings of fact. Ms. Johnson seconded. The motion was approved unanimously. MINUTES: The minutes of the July 9, 2024 meeting were approved. Miscellaneous ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:14 p.m. Respectfully submitted,
J. Scott Stephens, Acting Secretary Board of Zoning Adjustment
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Board of Zoning Adjustment
Staff Report
Special Exception 240808-01
MEETING DATE: October 8, 2024
PETITIONER: Tammie Bacon
PROPERTY OWNER: Tammie Bacon
SUBJECT SITE: 1860 Season Drive
REQUEST: Requesting a special exception to allow a residential hair salon in R-2 Residential
District.
CURRENT ZONING: R-2 (Single-Family Residential)
SURROUNDING LAND North: General Business District (B-2) USES AND ZONING: South: Single-Family Residential (R-2)
East: Neighborhood Business District (B-1) West: Single-Family Residential (R-2)
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 residential hair salon in R-2 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 allow the operation of a hair salon as a Tier 2 home occupation within an R-2
Residential District. The business will be conducted within the principal structure on the property, specifically in the
enclosed patio at the rear of the home, and will not be visible from the right-of-way. The applicant has sufficient parking in
compliance with the Zoning Ordinance regulations. The applicant states that the salon will serve no more than two clients
per day and will operate between the hours of 8:00 AM and 4:00 PM.
PLANNING STAFF EVALUATION:
Reviewed by: Bria Hudson, Planner
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Pictures:
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Board of Zoning Adjustment
Staff Report
Special Exception 241008-02
MEETING DATE: October 8, 2024
PETITIONER: Penske Truck Leasing
PROPERTY OWNER: William D. Wainwright / Rozell Chappell
SUBJECT ADDRESS: 1062 S Memorial Dr
REQUEST: Special Exception to allow outdoor storage of heavy duty moving rental trucks
CURRENT ZONING: B-2 (General Business District)
SURROUNDING LAND North: B-2 (Comercial; Amandas Repair Service) USES AND ZONING: South: B-2 (Commercial; Kritter Kreations) East: B-2 (Commercial; High Caliber Gun & Pawn) West: R-2 (Single family residential)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: Elite Automotive Group
DESCRIPTION OF REQUEST:
1. Special Exception to allow out door storage of heavy duty moving rental trucks
ZONING ORDINANCE REFERENCED:
Article 5 Nonresidential Districts
§5.02 B-1 General Business District
The Purpose of this district is to provide for a wide variety of businesses, lodging, offices and
compatible uses which are often located to serve through traffic. May include limited outdoor
storage secondary to the principal use.
Manufacturing incidental to a 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 use the existing lot for heavy duty moving and storage truck rental.
Heavy Vehicle and Equipment Sales, Rental and Service is defined in the zoning ordinance as the sale or rental of trucks
over one ton, tractors and farm implements, manufactured homes, recreational vehicles, boats, and construction and
similar equipment, including the storage, maintenance and servicing of the same (zoning ordinance 2.03.146). South
Memorial Dr. has multiple car sales, vehicle repair shops, and U-Haul rentals along the highway.
Reviewed by: Joshua McKinney, Planner
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Booth (101 N Chestnut St) Special Exception Page 1 of 4
Board of Zoning Adjustment
Staff Report
Special Exception 2401008-03
MEETING DATE: October 8, 2024
PETITIONER: Alfred B. Booth
PROPERTY OWNER: Alfred Q. Booth
SUBJECT SITE: 101 N Chestnut St
REQUEST: Special Exception to allow residential use in a B-1 zone
CURRENT ZONING: B-1 (Neighborhood Commercial District)
LOCATION: Northwest corner of Chestnut St and 4th St
SURROUNDING LAND North: B-1 / Use: residential USES AND ZONING: South: R-3 / Use: church parking lot East: B-1 / Use: commercial building
West: B-1 / Use: residential
DEVELOPMENT STATUS & HISTORY:
Previous Requests: None found
DESCRIPTION OF REQUEST:
1. Special Exception request to allow single family residential use in a B-1 zone
ZONING ORDINANCE REFERENCED
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Booth (101 N Chestnut St) Special Exception Page 2 of 4
Article 3. – 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 findings 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.
ANALYSIS/EVALUATION:
This structure was built circa 1880 for David Hall (see 1984 National Register of Historic Places inventory). Most recently,
it was utilized as a law office.
A fire occurred in late 2010 that damaged the structure, and it has not been occupied since, but repairs have occurred.
Properties to the north and west are also zoned B-1 and are being used as residences.
PLANNING STAFF EVALUATION:
Reviewed by: Scott Stephens, City Planner
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Booth (101 N Chestnut St) Special Exception Page 3 of 4
Subject site from the north (across 4th St):
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Booth (101 N Chestnut St) Special Exception Page 4 of 4
Subject site from the east (across Chestnut St):
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