2411 November 12 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 November 12, 2024 4:00pm The Pledge of Allegiance: Invocation: Roll Call: Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Mr. Jerry Crosby, and Ms. Sarah Johnson. Call to Order: Character Trait of the Month: Boldness… Courage to say or do what is true, right, and just. Committee Reports: Old Business: None
New Business: 1. 241112-01 VARIANCE: Vary the front yard setback requirements 1811 Tara Drive Craven Lanier, Petitioner
Public Hearing District 5
2. 241112-02 VARIANCE: Vary the setback requirements 103 Andiron Court Dudley Gordon, Petitioner
Public Hearing District 1
Minutes: October 8, 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
October 8, 2024 Minutes
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City of Prattville Board of Zoning Adjustment 1 Minutes 2 October 8, 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, October 8, 2024, in the Prattville City Hall Council Chambers. After the Pledge of 8 Allegiance, invocation and reading the Character Trait, the meeting commenced. 9 10 ROLL CALL: 11 Members present were Chairman Charles Knapp, Ms. Sarah Johnson, Mr. Neal Parker, Vice Chairman 12 Mr. Billy Barrett, Mr. Jerry Crosby. 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 Self-Control… Rejecting wrong desires and doing what is right. 21 22
COMMITTEE REPORTS: 23 24 OLD BUSINESS: 25
There was no old business to discuss. 26 27 NEW BUSINESS: 28
SPECIAL EXCEPTION: 29 Home Occupation - Hair Salon 30 1860 Seasons Drive 31 Tammie Bacon, Petitioner 32 33
Ms. Hudson introduced the special exception request to allow a hair salon (Tier 2 home occupation) at 34 1860 Seasons Drive. 35 36
Tammie Bacon appeared for the request. She answered questions about work hours and parking. 37 38 Chairman Knapp opened the floor for public comments. After seeing none, the public hearing was closed. 39 40 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact 41 stating that 1) the proposal is in the public interest and meets the spirit of the Zoning Ordinance; 2) the 42 proposal is an allowable special exception, and is not a prohibited use in the underlying zoning district; 43 and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties. The 44 motion was seconded by Mr. Barrett. The findings of fact were approved unanimously. 45 46 Mr. Parker moved to approve the Special Exception based on the findings of fact and conditioned that no 47
on-street parking be allowed as part of this home occupation. Ms. Johnson seconded. The motion was 48 approved unanimously. 49 50 SPECIAL EXCEPTION: 51 Truck Leasing 52 1062 S Memorial Drive 53 Penske Truck Leasing, Petitioner 54
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Prattville Board of Zoning Adjustment
October 8, 2024 Minutes
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Mr McKinney introduced the special exception request to allow heavy vehicle leasing at 1062 S Memorial 55 Drive. 56
57 Kris Guy, Consumer Development Manager for Penske, appeared on behalf of the request. He explained 58 that they would rent commercial and consumer used trucks. Jeff Wainwright, property owner, also 59
appeared in support of the request. 60 61 Chairman Knapp opened the floor for public comments. After seeing none, the public hearing was closed. 62 63 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact 64 stating that 1) the proposal is in the public interest and meets the spirit of the Zoning Ordinance; 2) the 65 proposal is an allowable special exception, and is not a prohibited use in the underlying zoning district; 66 and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties. The 67 motion was seconded by Mr. Crosby. The findings of fact were approved unanimously. 68 69 Mr. Barrett moved to approve the Special Exception based on the findings of fact. Mr Parker seconded. 70 The motion was approved unanimously. 71 72 SPECIAL EXCEPTION: 73 Residential use in a B-1 Zoning District 74 101 N Chestnut Street 75 Alfred Booth, Petitioner 76 77 Mr Stephens introduced the special exception request to allow residential use in a B-1 zone at 101 N 78 Chestnut Street. He explained the property was originally built as a residential property in approximately 79 1880. 80 81 Alfred B Booth appeared for the request. He explained it had previously been used for a law practice. 82
The structure experienced a fire in 2010 but has been slowly renovated since. He desires to use it as his 83 residence now. He answered questions about further planned renovations/repairs. 84 85
Chairman Knapp opened the floor for public comments. After seeing none, the public hearing was closed. 86 87 Chairman Knapp opened the discussion for the Board. Mr Barrett moved to establish the findings of fact 88
stating that 1) the proposal is in the public interest and meets the spirit of the Zoning Ordinance; 2) the 89 proposal is an allowable special exception, and is not a prohibited use in the underlying zoning district; 90 and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties. The 91 motion was seconded by Mr Parker. The findings of fact were approved unanimously. 92 93 Mr Parker moved to approve the Special Exception based on the findings of fact. Ms Johnson seconded. 94 The motion was approved unanimously. 95 96 MINUTES: 97 The minutes of the August 13, 2024 meeting were approved. 98 99 Miscellaneous 100 101 ADJOURN: 102
After no further comments, questions, or discussion the meeting was adjourned at 5:04 p.m. 103 104 Respectfully submitted, 105
106 107 J. Scott Stephens, Acting Secretary 108 Board of Zoning Adjustment 109
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Board of Zoning Adjustment
Staff Report
Variance 241112-01
MEETING DATE: November 12, 2024
PETITIONER: Craven Lanier
PROPERTY OWNER: Teresa & Jed Ingram
SUBJECT ADDRESS: 1811 Tara Drive
REQUEST: Variance from the front yard setback requirements
CURRENT ZONING: R-2 (Single-Family)
LOCATION: 1811 Tara Drive
SURROUNDING LAND North: R-2 (Single-Family) / Residential USES AND ZONING: South: R-2 (Single-Family) / Residential East: R-2 (Single-Family) / Residential
West: R-2 (Single-Family) / Residential
LOCATION HISTORY:
Previous Requests: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. The applicant requests a variance from Zoning Ordinance §4.01.02 (Area and Dimensional Requirements). The applicant is requesting a variance from the minimum front yard setback requirements
APPLICANT’S HARDSHIP (FROM APPLICATION):
“Existing layout and size of the lot, which were established before the current zoning regulations, limit the available space
for outdoor improvements.”
ZONING ORDINANCE REFERENCED:
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§4.01.02 Area and Dimensional Requirements
1. All permitted uses must comply with the minimum lot size, area and width and minimum yard setbacks
in Table 4-2, except that permitted nonresidential uses are subject to a maximum height of 50 feet and
2-1/2 stories.
2. Structures of nonresidential uses must be set back from side and rear lot lines in accordance with the
buffer requirements in §10.02 Buffers.
3. A porch or structure or part thereof that is attached to the principal building is considered part of the
principal building and is subject to the yard requirements of the applicable district. However, carports
and porte-cocheres attached to the side of the principal structure may extend to within two feet of the
side lot line provided:
a. the structure is open on all sides other than that attached to the principal building;
b. the structure is no taller than 12 feet and there is no enclosed space immediately above that may
be used for storage or occupied in any way;
c. the structure does not extend closer than eight feet to any part of a dwelling on an adjoining lot nor
six feet to any part of a similar open structure on an adjoining lot and all applicable fire protection
requirements of the Building Code are met; and
d. if located within five feet of a side or rear lot line, stormwater may not be directed toward any
adjoining property. The method and direction of stormwater
§12.04 Variances
§12.04.01. The Board may authorize upon appeal in specific cases such variances from the terms of this Ordinance as will
not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the
provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of the ordinance is
observed and substantial justice done.
§12.04.02. A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship
does, in fact, exist. In no case may the Board grant a variance that permits the land or structure to be occupied
by a use prohibited in the applicable zoning district.
§12.04.03. It is the intent of this Ordinance that a variance be issued only to mitigate a physical condition of a parcel of
land which poses a practical barrier to its development and use as otherwise permitted by this Ordinance.
Variances are limited to the minimum adjustment necessary to enable the reasonable use of the land.
§12.04.04 The Board uses the following guidelines in evaluating variance requests:
1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and
which are generally not applicable to other lands structures, or buildings in the same district.
2. A literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the ordinance.
3. The special conditions, for which relief is sought, did not result from actions of the applicant (self-imposed
hardship);
4. Granting of the variance is in harmony with the intent and purposes of the ordinance;
5. The variance will not adversely affect surrounding property, the general neighborhood, or the community as a
whole;
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6. The variance will not allow the establishment of any use expressly or by implication prohibited in the
applicable district;
7. The variance requested is the minimum adjustment necessary to enable the legal use of the land or structure.
ANALYSIS:
The applicant has stated that the proposed covered front porch will be 10’x12’. The subject property is zoned R-2 which
requires a 35ft front setback and the existing house is built to the front setback line. The proposed front porch will encroach
approximately 10’ into the required front yard 35ft setback.
Reviewed by: Joshua McKinney, Planner
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Board of Zoning Adjustment
Staff Report
Variance 241112-02
MEETING DATE: November 12, 2024
PETITIONER: Dudley Gordon
PROPERTY OWNER: Creekside Construction
SUBJECT ADDRESS: 103 Andiron Court
REQUEST: Variance from rear setback requirements
CURRENT ZONING: R-2 (Single-Family)
LOCATION: 103 Andiron Court
SURROUNDING LAND North: R-2 (Single-Family) / Residential USES AND ZONING: South: R-2 (Single-Family) / Residential East: R-2 (Single-Family) / Residential
West: R-2 (Single-Family) / Residential
LOCATION HISTORY:
Previous Requests: N/A
DESCRIPTION OF VARIANCE REQUEST:
1.The applicant is requesting a variance from the minimum rear yard setbacks requirements
APPLICANT’S HARDSHIP (FROM APPLICATION):
N/A
ZONING ORDINANCE REFERENCED: DR
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§12.04 Variances
§12.04.01. The Board may authorize upon appeal in specific cases such variances from the terms of this Ordinance as will
not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the
provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of the ordinance is
observed and substantial justice done.
§12.04.02. A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship
does, in fact, exist. In no case may the Board grant a variance that permits the land or structure to be occupied
by a use prohibited in the applicable zoning district.
§12.04.03. It is the intent of this Ordinance that a variance be issued only to mitigate a physical condition of a parcel of
land which poses a practical barrier to its development and use as otherwise permitted by this Ordinance.
Variances are limited to the minimum adjustment necessary to enable the reasonable use of the land.
§12.04.04 The Board uses the following guidelines in evaluating variance requests:
1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and
which are generally not applicable to other lands structures, or buildings in the same district.
2. A literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the ordinance.
3. The special conditions, for which relief is sought, did not result from actions of the applicant (self-imposed
hardship);
4. Granting of the variance is in harmony with the intent and purposes of the ordinance;
5. The variance will not adversely affect surrounding property, the general neighborhood, or the community as a
whole;
6. The variance will not allow the establishment of any use expressly or by implication prohibited in the
applicable district;
7. The variance requested is the minimum adjustment necessary to enable the legal use of the land or structure.
ANALYSIS:
The applicant is requesting a variance from the required rear yard setbacks due to the irregular shape of the lot. In order to
develop a residential structure within this subdivision, the HOA requires a minimum of 2,200 square feet for the home.
Rather than constructing a 2-story structure to meet this requirement, the applicant is seeking a waiver from the setback
requirements in the zoning ordinance to build a 1-story home. This adjustment aims to maintain the privacy of adjacent
properties and accommodate the unique shape of the lot.
Reviewed by: Bria Hudson, Planner DR
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103 ANDIRON CT LOT 62 HEARTHSTONE 5/D LOT PIC 1
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103 ANDIRON CT LOT 62 HEARTHSTONE 5/D LOT PIC 4
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NEIGHBORING LOT--
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