Loading...
2412 December 10 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 December 10, 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: Hospitality… Cheerfully sharing food, shelter, and friendship with others. Committee Reports: Old Business: 1. 241112-02 VARIANCE:Vary the setback requirements 103 Andiron Court Dudley Gordon, Petitioner Postponed 11/12 District 1 New Business: 2. 241210-01 VARIANCE:Vary the side yard setback requirements 1751 Windermere Ave Thomas & Tammy Stiles, Petitioners Public Hearing District 4 3. 241210-02 SPECIAL EXCEPTION: Cell Tower Thomas Ave & S Memorial Drive Alexis Adams/AT&T, Petitioner Public Hearing District 6 4. 241210-03 VARIANCE:Vary site plan requirements (parking, landscaping, etc) 1085 S Memorial Dr Ken Harris, Petitioner Public Hearing District 6 Minutes: November 12, 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. DRAFT DRAFT 12/06/2024 DRAFT Prattville Board of Zoning Adjustment November 12, 2024 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment 1 Minutes 2 November 12, 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, November 12, 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 Boldness...Courage to say or do what is true, right, and just. 21 22 COMMITTEE REPORTS: 23 24 OLD BUSINESS: 25 There was no old business to discuss. 26 27 NEW BUSINESS: 28 Variance: 29 Variance from the minimum setback requirements in front yard 30 1811 Tara Drive 31 Craven Lanier, Petitioner 32 33 Mr. McKinney introduced the variance request from the minimum setback requirements in front yard at 34 1811 Tara Drive 35 36 Craven Lanier, Linda Lanier, & Jet Ingram appeared for the request. Craven Lanier made the request for 37 variance and answered questions. 38 39 Chairman Knapp opened the floor for public comments. 40 41 Wade Newman spoke and supported the variance request. 42 43 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact 44 stating that 1) special conditions did not exist which are peculiar to the land; 2) a literal interpretation of 45 the zoning ordinance would not deprive the applicant of rights commonly enjoyed by other properties; 46 and 3) the granting of variance would not be in harmony with the zoning ordinance. Variance would have 47 adverse effect on surrounding property. Second by Mr. Jerry Crosby. The findings of fact were approved 48 unanimously. 49 50 Mr. Billy Barrett made motion to reject the variance. Second by Mr. Jerry Crosby. The motion was 51 approved unanimously. 52 53 54 55 DR A F T DRAFT 12/06/2024 DRAFT Prattville Board of Zoning Adjustment November 12, 2024 Minutes Page 2 of 2 56 Variance: 57 Variance from rear setback requirements 58 103 Andiron Court 59 Dudley Gordon, Petitioner 60 61 Ms. Hudson introduced the request to allow a variance from rear setback requirements at 103 Andiron 62 Court. 63 64 Billy Davis, representative of Mr Gordon, appeared on behalf of the request. He explained that they 65 would like to do a one-story home. Requesting a variance from rear setback requirements. 66 67 Chairman Knapp opened the floor for public comments. 68 69 Joseph Steele spoke of concerns of the proposed home having issues with HOA. 70 71 Bobby Gillespie spoke of HOA home square footage requirements 72 73 Chairman Knapp opened the discussion for the Board. Mr. Crosby moved to make a motion to postpone 74 variance request in order to receive more details to December 10, 2024. Mr. Parker seconded. The motion 75 was approved unanimously. 76 77 MINUTES: 78 The minutes of the October 8, 2024 meeting were approved. 79 80 Miscellaneous 81 Discussed rescheduling the November 11, 2025 meeting because of it falling on Veterans’ Day. 82 Rescheduled to November 18, 2025. 83 84 ADJOURN: 85 After no further comments, questions, or discussion the meeting was adjourned at 4:37 p.m. 86 87 Respectfully submitted, 88 89 90 J. Scott Stephens, Acting Secretary91 Board of Zoning Adjustment 92 DR A F T DRAFT 12/06/2024 Page 1 of 2 Board of Zoning Adjustment Staff Report Variance 241210-01 MEETING DATE: December 10, 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: On November 12, 2024 the Board of Zoning Adjustment postponed the variance from rear setback requirements to December meeting. DESCRIPTION OF VARIANCE REQUEST: 1.The applicant is requesting a variance from the minimum side yard setbacks requirements APPLICANT’S HARDSHIP (FROM APPLICATION): N/A ZONING ORDINANCE REFERENCED: DR A F T DRAFT 12/06/2024 Page 2 of 2 §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 A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 103 ANDIRON CT LOT 62 HEARTHSTONE 5/D LOT PIC 1 DR A F T DRAFT 12/06/2024 10 3 A N D I R O N C T L O T 6 2 H E A R T H S T O N E 5 / D L O T P I C 2 DR A F T DRAFT 12/06/2024 10 3 A N D I R O N C T L O T 6 2 H E A R T H S T O N E 5 / D L O T P I C 3DR A F T DRAFT 12/06/2024 103 ANDIRON CT LOT 62 HEARTHSTONE 5/D LOT PIC 4 DR A F T DRAFT 12/06/2024 NE I G H B O R I N G L O T - - PI C 1 DR A F T DRAFT 12/06/2024 NEIGHBORING LOT-- PIC 2 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 Car./Storage; Porches.; 540.5 281.4 TOTAL LIVING 2,183.5 TOTAL ROOFED 3,005.4 1.First Floor:2,183.5 FLOORS:BEDROOMS:BATHS:STORAGE:GARAGE/PORT.: WIDTH:DEPTH:62'-00"65'-01" 12/5/2024Final Set W: \ H H D - P R O J E C T S \ 0 0 0 0 - C U S T O M P L A N S \ A 2 4 8 \ A 2 4 8 - B 3 \ A 2 4 8 - B 3 . p l n Th u r s d a y , D e c e m b e r 5 , 2 0 2 4 21341 CoverAT.1 A248-B3 CONTACT: ROOMS: DIMENSIONS: PLAN: FOOTAGE: Addison 2 Office: 334.365.4567 Email: hudson1@hhdplans.com 2074 Hwy 14 East Fax: 334.491.2020 VISIT US ON THE WEB HHDPLANS.COM Custom PlansStock PlansOutdoor LivingMaterial Lists Prattville, AL. 36066 (2013) Copyright. Hudson Home Designs L.L.C. reserves all rights of plans, drawings, ideas and all modifications. These plans are not to be copied, changed and or reproduced unless with with written consent from Hudson Home Designs L.L.C.. Purchasers of these plans are limited to a one time use of construction. In no way whatsoever does anyone have any building rights to these plans without purchasing them from Hudson Home Designs L.L.C. or authorized reseller for Hudson Home Designs L.L.C.. Before starting construction Purchaser, Builder, Subcontractor and supplier must verify there specific field for any error that may need to be addressed and or corrected. The Owner, subcontractors and or builder must obtain any structural issues from a licensed Engineer from that specific field. Hudson Home Designs L.L.C. must be notified of any human error prior to construction and must be given time to correct the errors prior to construction. All though these plans may have local, State and National codes labeled does not mean they are true to your city and or State in which you are building in. Please let us know how we are doing. Our success depends on your satisfaction of these plans. SCALE: 1/16" = 1'-0"3E 3E PRES RIGHT ELEVATION SCALE: 1/16" = 1'-0"4E 4E PRES LEFT ELEVATION DR A F T DRAFT 12/06/2024 Car./Storage; Porches.; 540.5 281.4 TOTAL LIVING 2,183.5 TOTAL ROOFED 3,005.4 1.First Floor:2,183.5 FLOORS:BEDROOMS:BATHS:STORAGE:GARAGE/PORT.: WIDTH:DEPTH:62'-00"65'-01" 12/5/2024Final Set W: \ H H D - P R O J E C T S \ 0 0 0 0 - C U S T O M P L A N S \ A 2 4 8 \ A 2 4 8 - B 3 \ A 2 4 8 - B 3 . p l n Th u r s d a y , D e c e m b e r 5 , 2 0 2 4 21341 Floor PlanAT.2 A248-B3 CONTACT: ROOMS: DIMENSIONS: PLAN: FOOTAGE: Addison 2 Office: 334.365.4567 Email: hudson1@hhdplans.com 2074 Hwy 14 East Fax: 334.491.2020 VISIT US ON THE WEB HHDPLANS.COM Custom PlansStock PlansOutdoor LivingMaterial Lists Prattville, AL. 36066 (2013) Copyright. Hudson Home Designs L.L.C. reserves all rights of plans, drawings, ideas and all modifications. These plans are not to be copied, changed and or reproduced unless with with written consent from Hudson Home Designs L.L.C.. Purchasers of these plans are limited to a one time use of construction. In no way whatsoever does anyone have any building rights to these plans without purchasing them from Hudson Home Designs L.L.C. or authorized reseller for Hudson Home Designs L.L.C.. Before starting construction Purchaser, Builder, Subcontractor and supplier must verify there specific field for any error that may need to be addressed and or corrected. The Owner, subcontractors and or builder must obtain any structural issues from a licensed Engineer from that specific field. Hudson Home Designs L.L.C. must be notified of any human error prior to construction and must be given time to correct the errors prior to construction. All though these plans may have local, State and National codes labeled does not mean they are true to your city and or State in which you are building in. Please let us know how we are doing. Our success depends on your satisfaction of these plans. DW WASHER DRYER REF. Attic MASTER BED14'-4" x 16'9'-0 Clg. Hgt. B.FAST12'-10" x 10'-4"9'-0 Clg. Hgt. FAMILY ROOM19'-7" x 16'9'-0 Clg. Hgt. DINING RM.11'-2" x 11'-8"9'-0 Clg. Hgt. BED 211' x 12'-8"9'-0 Clg. Hgt. BED 311' x 12'9'-0 Clg. Hgt.BED 411' x 11'9'-0 Clg. Hgt. PORCH16'-10" x 7'-11"9'-0 Clg. Hgt. 2 CAR GARAGE22' x 22'9'-0 Clg. Hgt. Lot620.29ÈAcres Lot620.29ÈAcres SCALE: 1/8" = 1'-0"1.1. 1st. FLOOR PRESENTATION DR A F T DRAFT 12/06/2024 Page 1 of 3 Board of Zoning Adjustment Staff Report Variance 241210-02 MEETING DATE: December 10, 2024 PETITIONER: Thomas and Tammy Stiles PROPERTY OWNER: Thomas and Tammy Stiles SUBJECT ADDRESS: 1751 Windermere Ave REQUEST: Variance from rear setback requirements CURRENT ZONING: R-2 (Single-Family) LOCATION: 1751 Windermere Ave 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 side yard setbacks requirements for garage attachment to residential structure. APPLICANT’S HARDSHIP (FROM APPLICATION): The building area for the lot is adversely affected by the ‘pinching of the property line on the side. ZONING ORDINANCE REFERENCED: DRAFT DRAFT 12/06/2024 Page 2 of 3 §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 front yard setback to construct a garage attachment to the residential structure. Corner lots have two front yards, which is why both sides have a 35ft setback. The proposed addition is a multi- stall open bay garage designed to match the height of the existing structure. According to the applicant, the proposed garage will align with and complement the aesthetics of the existing residence. The submitted proposed site plan indicates that the garage will encroach approximately 25ft into the required 35ft setback and will be approximately 10ft from the Jasmine Trail side property line. Reviewed by: Bria Hudson, Planner DRAFT DRAFT 12/06/2024 Page 3 of 3 View from Jasmine TRL and Windermere Ave DRAFT DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 Page 1 of 6 Board of Zoning Adjustment Staff Report Special Exception 241210-02 MEETING DATE: December 10, 2024 PETITIONER: Alexis Adams / AT&T PROPERTY OWNER: Black Sheep Properties, LLC SUBJECT ADDRESS: 737 S Memorial Dr. REQUEST: To allow 195’ Telecommunication Tower CURRENT ZONING: B-2 (General Business District) SURROUNDING LAND North: B-2 (Commercial - Walgreens) USES AND ZONING: South: B-2 (Commercial - Sky Vape & CBD) East: B-1 (Commercial - AT&T) West: B-2 (Commercial - TitleMax) DEVELOPMENT STATUS & HISTORY: Previous Requests: N/A DESCRIPTION OF REQUEST: 1. 195’ Communication monopole tower 2. ZONING ORDINANCE REFERENCED: Article 7.21 Telecommunication Towers (see attached) 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. DRAFT DRAFT 12/06/2024 Page 2 of 6 ANALYSIS: AT&T is requesting a Special Exception to allow a 195’ communication monopole tower. No party may construct a tower or tower compound until the Board has approved it as a Special Exception use, unless permitted by right in the applicable district (Zoning Ordinance Section 7.21.02). The centerline of a tower may not be located closer than 200 ft to the boundary line of any residential property (Section 7.21.07 (3)). The proposed tower will be roughly 300 feet from the nearest residential. The centerline of the tower may not be closer than 50ft to the boundary line of the nearest nonresidential lot (Section 7.21.07 (3)). The proposed location is zoned for B-2 and the surrounding adjoining lots are zoned for B-2 and B-1. Adjoining lots are 50’ or more away from proposed tower. No signs may be attached to, or depicted on, a tower at a height more than 20ft above grade level (zoning ordinance 7.21.07(4)). Towers may not be illuminated except for warning beacons. Lights for security and maintenance purposes may be installed on structures which contain equipment. Lights must be pointed downward from a height of no more than 10ft (zoning ordinance 7.21.07(6)). Communications Tower (examples provided by applicant): = DRAFT DRAFT 12/06/2024 Page 3 of 6 Site Plan (from applicant): Proposed Communications Tower Location DRAFT DRAFT 12/06/2024 Page 4 of 6 Arial View Proposed Communications Tower DRAFT DRAFT 12/06/2024 Page 5 of 6 Proposed Communications Tower location Proposed Communications Tower location DRAFT DRAFT 12/06/2024 Page 6 of 6 Reviewed by: Joshua McKinney, Planner DRAFT DRAFT 12/06/2024 Article 7 Use-Specific Regulations 7-25 §7.18.02 Recycling Centers 1. Unless approved through a Special Exception by the Board, recycling centers must be operated from a permanent building located on the premises. 2. Receptacles must be located behind the front building line to the extent practicable. In such case the approving authority may require any receptacles located forward of the front building line to be screened or other improvements made for compatibility with adjoining development and as necessary for conformance with the requirements or intents of the applicable district. 3. All recyclables must be within a receptacle or otherwise stored out of public view whenever the recycling center is closed. The operation and/or its site must be designed and managed so that any after-hours drop-off of recyclables, if permitted, does not result in accumulation of recyclable materials in areas visible to the public. If after-hours drop-off of recyclables is not permitted, the approving authority may require that the premises be secured to prevent such accumulation. §7.18.03 Donation Bins 1. Donation Bins are permitted as an accessory use on nonresidential premises only and may only be placed with permission of the property owner. 2. Location of donation bins must be approved by the Director before being placed on premises. 3. Donations Bins may not encroach on any required parking, loading or landscaping and may not interfere with vehicular circulation on or off the premises. 4. Donated goods must be collected regularly so as not to allow accumulation of goods outside of containers. Receptacles must display the name of the owner or sponsor, their address, telephone number, and contact person responsible for collection. All donated goods accumulating outside of containers must be collected within 48 hours of notice by the City. §7.19 Short Term Rentals Reserved. §7.20 Tattoo Parlors Not more than two such uses are permitted within 1,000 ft of each other or an adult entertainment establishment, as measured between the nearest property lines. Nor may a tattoo parlor be located closer than 500 ft to the nearest boundary of any residential district or the nearest property lines of the following protected uses: child day care center or learning center; church or other place of assembly; or any public or private school offering pre-kindergarten through high school education programs. The expansion of a residential district or location of a protected use in conflict with these separation requirements will not cause an existing, permitted tattoo parlor to become nonconforming. §7.21 Telecommunication Towers §7.21.01 Definitions. As used in this Section, the following words and terms have the meanings as defined herein: 1. ANTENNA. An electromagnetic device which conducts radio signals through an attached cable or wave guide, to or from a radio transmitter or receiver. “Antenna” includes devices commonly referred to as “whips”, “panels” and “parabolic dishes”. “Antenna” includes an antenna used in conjunction with microwave, cellular or personal communication service systems and any other type of telecommunication systems now or hereafter in use. 2. CO-LOCATION SITE. A parcel of land or other site on which the antennae and related equipment of more than one party are located. 3. COMMUNICATION FACILITIES. Towers, antennae and equipment, collectively. 4. EQUIPMENT. All equipment and facilities used in conjunction with one or more towers and/or antennae, including, but not limited to, electronic systems, generators, fuel tanks and fuel. DR A F T DRAFT 12/06/2024 October 18, 2022 7-26 City of Prattville Zoning Ordinance 5. FIBER-OPTICS. Light transmissions through very fine flexible glass, by internal reflection. 6. MONOPOLE. Any self-supporting wooden pole or any self-supporting metal or concrete pole designed to support an antenna; provided, that the word “monopole” does not include a latticed steel or metal tower, a tower which requires guy wires for support or a tower which has more than one source of support, such as a tower with more than one leg. 7. RESIDENTIAL PROPERTY. Any land located in a Residential District. 8. TOWER. Any telecommunication Monopole (as defined hereinbefore) including Monopoles used for microwave, cellular or personal communication service systems and any other telecommunication systems now or hereafter in use. As used in this article, “tower” includes any telecommunication tower installed or constructed within the city prior to the effective date of this Ordinance, regardless of whether such tower is a Monopole or another type of tower. 9. TOWER COMPOUND. A parcel of land or a building on which communication facilities are located §7.21.02 Required Approvals. No party may construct a tower or tower compound until the Board has approved it as a Special Exception use, unless permitted by right in the applicable district, and a Building Permit has been subsequently granted. Co-location of an antenna on an existing tower may be approved by the Director, except as otherwise provided herein. §7.21.03 Applicability. All towers, antennae and equipment constructed or installed, whether on a new or existing tower compound, after the effective date of this Ordinance and any changes or additions to any tower or antenna in existence before the effective date of this Ordinance, are subject to this Section. A tower which is proposed to be built on a co-location site is subject to the same requirements and conditions as all other towers. Routine maintenance of, and repairs to, the communication facilities, may be performed without the approval of the Board, though a permit may be required if applicable to the nature of the maintenance or repair activity. §7.21.04 Public hearing. The Board will hold a public hearing with respect to each application for the construction of a tower. The installation of any additional antenna on the same tower, and the equipment used in connection with such additional antenna, is subject to approval of the Director and does not require a hearing or approval of the Board unless: 1. the tower compound is to be enlarged or there is a change in the size or location of the existing tower; or 2. the Director considers it appropriate that such application be referred to the Board for review and consideration §7.21.05 Co-location. A new tower may not be constructed if space is available, on an economically reasonable basis, on an existing tower which is structurally and technically able to support the proposed antenna. An affidavit that reasonable effort has been made by the applicant to locate the proposed antenna on an existing tower must be submitted with the application for the construction of a new tower. Each tower constructed must be designed to provide for the installation of additional antennae to the fullest extent practicable, taking into consideration the structural and technical limitations of the type of tower proposed. §7.21.06 Review Criteria. In considering whether to permit communication facilities to be constructed and/or installed at a certain location, the Board will consider the following public health, safety, and general welfare criteria: 1. Structural safety of towers: Towers must comply with wind-load and other structural standards contained in applicable building and technical codes adopted by the Council, and the electronic industries associations code, so as not to endanger the health and safety of people in the event of the structural failure of a tower. The Director will determine whether towers comply with the requirement of this subsection. DR A F T DRAFT 12/06/2024 Article 7 Use-Specific Regulations 7-27 2. Appearance of tower compounds: To the extent practicable, towers and tower compounds must be designed, through the use of building materials, colors, textures, screening and landscaping, so that their appearance is compatible with surrounding land uses. The Board may require that planting and a decorative fence or wall be constructed around a tower compound to help accomplish this end. 3. Compliance with rules and regulations: All communication facilities must comply with all applicable rules, regulations and other requirements of the FCC and other governmental agencies having jurisdiction over them, including but not limited to, the State of Alabama. The Board may require that satisfactory evidence of such compliance be furnished by the applicant. §7.21.07 Development Criteria. The Director will review all applications for towers, antennae, or equipment for compliance with the provisions of this Section. By a vote of a majority of the members of the Board present at the public hearing, the Board may waive any one or more of the following requirements if the circumstances justify such waiver and provided the reasons for such waiver are included in the Board’s minutes. 1. All towers must be monopoles. 2. Each tower compound must be large enough to provide room for a structure to contain the equipment for at least one additional antenna. 3. The centerline of a tower may not be located closer than 200 ft to the boundary line of any residential property. If the land on which a tower compound is located, and all land which abuts the tower compound, is in a nonresidential zoning district (including land in a PUD District used for nonresidential purposes) the centerline of the tower may not be closer than 50 ft to the boundary line of such property. The Board may reduce the foregoing setback requirements in exceptional cases where, due to unusual topographic conditions, the enforcement of the setback requirements would result in unnecessary hardship; provided that the setback may not be reduced to less than the minimum setback required in the applicable district and that the reduction of the setback requirements may not, in the opinion of the Board, be contrary to the health, safety and general welfare of the public. 4. Material finishes and colors should be used to reduce the visibility of the tower. 5. No signs may be attached to, or depicted on, a tower at a height more than 20 ft above grade level. 6. Towers may not be illuminated except for warning beacons and as provided herein. Lights for security and maintenance purposes may be installed on structures which contain equipment. Such light must be pointed downward from a height of not more than 10 ft and may not exceed a maximum of 150 watts. Such lights must be located and directed so that they do not shine or reflect onto or toward any residential property. 7. Each tower compound must be surrounded and fully secured by a dark colored, vinyl-coated or galvanized steel chain link security fence or masonry wall or combination thereof, at least eight feet in height. 8. All tower compounds must be surrounded by a buffer which must, to a height of at least eight feet, effectively screen the view of the tower compound from adjacent public ways and residential property. The buffer must consist of a landscaped strip, at least four feet in depth, located outside of the security fence. The landscaped strip must be planted with a combination of trees, shrubs, vines, and/or ground covers capable of attaining, at maturity, a height as high as the security fence. For tower compounds located within 1,000 ft of residential property or areas of special aesthetic concerns, such as schools, the Board may require wider landscaped buffer areas and other items, such as decay-resistant, solid wood fences, earth beams and masonry walls. All fences, walls and landscaping must be kept in good condition. Applications must include the name and address of the party who will be responsible for maintenance and repair of the communication facilities, and any fences, walls and landscaping. If a different person DR A F T DRAFT 12/06/2024 October 18, 2022 7-28 City of Prattville Zoning Ordinance becomes responsible for maintenance and repair, the owner of the tower must give the Director written notice of the person’s name and address. 9. In isolated, nonresidential areas, alternative landscaping methods, such as the use of a dark colored, vinyl-coated or galvanized steel chain link security fence in combination with evergreen shrubs, trees, vines, and/or other plantings, may be permitted on the condition that if the areas surrounding such tower compounds become developed, the Board may require the owner of the tower compound to comply with the requirements of 8) above. 10. Existing mature tree growth and natural landforms must be preserved to the maximum extent practicable. In some cases, such as tower compounds located on large, wooded lots, preservation of a substantial amount of natural growth around tower compound may be considered by the Board in determining buffer requirements. 11. A parking area and driveway of asphalt, concrete or other all-weather surface approved by the Director must be provided for each tower compound for service access and for access by emergency services. Subject to the approval of the Board and to an appropriate agreement with the owner thereof, access may be by means of, and parking may be provided on, an adjoining property. Subject to the approval of the Board, one or more public streets adjoining the tower compound may serve as the parking area. §7.21.08 Removal of Unused Towers. Any tower which is no longer in use for its permitted purpose must be removed at the owner’s expense. Within ten working days of sending notice to the FCC of the intent of the owner to cease use of the tower, the owner must provide the Director with a copy of such notice. The owner must remove the tower and all communication facilities used in connection with it within 90 calendar days from the day the tower ceases to be used or by an earlier date if required by the FCC. If the owner does not remove the tower from the tower compound within the required time period, the owner of the property on which the tower is located, if different from the owner of the tower, must remove it within 90 calendar days of receiving written notice from the City. If neither the owner of the tower nor the owner of the property removes the tower within the time prescribed, the City may, but is not obligated to, remove the tower. If the City removes the tower, it may recover the cost of doing so from the owner of the tower and/or the owner of the property. A tower used by more than one party may continue to be used for telecommunication purposes if the tower is used for such purposes by at least one party. Any party who ceases to use a tower used by more than one party must remove its antenna from the tower and must remove its equipment from the tower compound within 90 calendar days after it ceases to use the tower, or within a shorter period as prescribed by the FCC, so that the tower and compound will be available for use by another party. §7.21.09 Receiving Antennae. A building permit is required for receiving antennae over 24 inches in diameter. A receiving antenna located in a residential district is considered an accessory structure. A receiving antenna located in a nonresidential district must be screened on at least three sides if it is located on the roof of a building or on the top of any other structure, and it must be screened on four sides if it is located at grade level. §7.21.10 Application. In addition to other information required by this Ordinance, all applications to construct a new tower or to locate an antenna or additional equipment on an existing tower compound, must include the following: 1. A list of the names and addresses of all owners of property adjoining the subject property. The application must be accompanied by the certification by the applicant, a surveyor or an attorney that the list of property owners was obtained from the County tax assessor and that the list contains the names and addresses of all owners of property within 500 ft of such tower compound. 2. Statement of impact on health, safety, and welfare: A brief written statement concerning the steps the applicant has taken to comply with all applicable rules, regulations, and requirements concerning health and safety matters related to the proposed communication facilities. DR A F T DRAFT 12/06/2024 Article 7 Use-Specific Regulations 7-29 3. Site plans: A site plan, prepared by a surveyor, scaled to not less than one inch equals 50 ft, showing the location and dimensions of the subject property, as well as the location of setback lines, driveways, parking areas, fencing, landscaping, and generators and the location, size and type of any fuel tanks. The site plan must be prepared by a licensed and must also show: a. all parcels located within 500 ft of any part of the tower compound b. zoning classification of the property and of all parcels within 100 ft of the subject property, including zoning classifications in an adjoining municipality c. the latitude, longitude, section, township, range, tax parcel identification number, street address and the site identification number of the proposed tower compound. If any part of the tower compound is or will be located within 1,000 ft of a boundary line of the city, the following information must be clearly indicated: 1) the distance from such boundary line 2) the name of the adjacent municipality d. such other information as may be required by the Board to determine compliance with the requirements of this Ordinance. If the proposed tower is to be located on a portion of a larger property, its location with respect to the boundary lines of such property must be shown on the site plan. 4. Elevation views: a silhouette and elevation view of the proposed or existing tower, as applicable, all other communication facilities, and the tower compound, describing colors and materials to be used for the communication facilities and any fencing or walls. The configuration of proposed antenna arrays must be shown on the silhouette. The proposed location of future, additional antenna arrays must be shown on the silhouette by dashed lines. 5. Frequency band and wattage: The frequency band and maximum wattage of proposed communication facilities. 6. The estimated life of the tower, the antenna and the equipment. 7. Affidavit: An affidavit of the applicant stating that: 1) there is no existing tower from which the area to be served from the proposed new tower can be served; or 2) the applicant has made good faith efforts to have its antenna installed on an existing or proposed tower (from which the area proposed to be served by the new tower could be served) and has been unable to do so and giving a detailed written narrative of the efforts made by the applicant to use such existing or proposed tower. 8. Certification of Shared Use Design. If the tower to be used is one on which there is already one or more antennae, the application must be accompanied by a certification by an engineer, qualified to make such certification, certifying that the tower is able to accommodate the proposed antenna, as well as the antennae already located on the tower, in a safe and functional manner. To help defray the costs of processing applications, reviews and otherwise administering the provisions of this Section, the applicant must submit a non-refundable application fee, as set by the Council, plus any costs incurred by the City for public notice. §7.21.11 Foundation Survey, As-Built Certification. After the foundation for a tower is poured, a foundation survey, prepared by a surveyor, showing the location of the foundation of the tower, must be furnished to the Director, and no further work may be done with respect to the construction of the tower until the Director has approved, in writing, the foundation, including its location. Upon the completion of the tower and installation of an antenna, or upon the location of an additional antenna upon an existing tower, the tower and antenna or the antenna, as the case may be, may not be put into operation until a qualified engineer furnishes the City written certification that the tower and the antenna were built and installed, or the antenna was installed, if the antenna was installed on an existing tower, in accordance with the plans submitted to the city including the installation of any required buffers, fencing and walls. DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 PROJECT LOCATION DIRECTIONS 1. THE FACILITY IS UNMANNED.2. A TECHNICIAN WILL VISIT THE SITE APPROXIMATELY ONCE A MONTH FORROUTINE INSPECTION AND MAINTENANCE.3. THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT LAND DISTURBANCEOR EFFECT OF STORM WATER DRAINAGE.4. NO SANITARY SEWER, POTABLE WATER OR TRASH DISPOSAL IS REQUIRED. 5. HANDICAP ACCESS IS NOT REQUIRED.6. THE PROJECT DEPICTED IN THESE PLANS QUALIFIES AS AN ELIGIBLEFACILITIES REQUEST ENTITLED TO EXPEDITED REVIEW UNDER 47 U.S.C. §1455(A) AS A MODIFICATION OF AN EXISTING WIRELESS TOWER THAT INVOLVES THE COLLOCATION, REMOVAL, AND/OR REPLACEMENT OFTRANSMISSION EQUIPMENT THAT IS NOT A SUBSTANTIAL CHANGE UNDERCFR § 1.61000 (B)(7). SITE ADDRESS: 907 THOMAS AVENUE PRATTVILLE, AL 36066 COUNTY: AUTAUGA PARCEL OWNER: BLACK SHEEP PROPERTIES PARCEL ID: 190515200040060000 ZONING INFORMATION: JURISDICTION: AUTAUGA COUNTY ZONING CLASS: N/A PROJECT TEAM APPLICANT: DIRECTIONS FROM 1025 LENOX PARK BLVD NE, ATLANTA, GA 30319: GET ON I-85 S FROM LENOX PARK BLVD NE AND N DRUID HILLS RD (2.2 MI).FOLLOW I-85 S TO DAY ST IN MONTGOMERY. TAKE EXIT 0 FROM I-85 S (169 MI).TAKE BIRMINGHAM HWY AND US-31 N/S MEMORIAL DR TO YOUR DESTINATION IN PRATTVILLE (11.0 MI). COMPLIANCE CODE PROJECT DESCRIPTION POWER COMPANY: ALABAMA POWERPHONE: (800) 245-2244 TELEPHONE COMPANY: AT&T PHONE: (800) 331-0500 UTILITY COMPANIES PROJECT SUMMARY SITE LOCATION SHEET INDEX AT&T FA NUMBER16065335 SITE ADDRESS 907 THOMAS AVENUEPRATTVILLE, AL 36066 AT&T SITE NAMECENTRAL PRATVILLE TOWER OWNER: SHEET NO:DESCRIPTION: T-1 TITLE SHEET & PROJECT INFORMATION --SURVEY C-1 OVERALL SITE PLAN C-1.1 ENLARGED SITE PLAN C-1.2 EQUIPMENT PLAN C-2 TOWER ELEVATION C-2.1 ANTENNA PLAN C-2.2 TO C-2.2.6 MOUNTING DETAILS C-2.3 TOWER EQUIPMENT SPECIFICATIONS C-2.4 TOWER DESIGN C-3 TO C-3.0.1 SITE SIGNAGE C-3.1 FENCE DETAILS C-3.2 CONSTRUCTION DETAILS C-4 GROUND EQUIPMENT SPECIFICATIONS C-4.1 TO C-4.1.3 GENERATOR SPECIFICATIONS C-4.2 FOUNDATION DETAILS C-4.3 H-FRAME DETAILS C-5 GRADING PLAN C-5.1 ROAD PROFILE C-5.2 SEDIMENT & EROSION CONTROL DETAILS E-1 ELECTRICAL NOTES E-1.1 ELECTRICAL SPECIFICATIONS & DETAILS E-2 UTILITY SITE PLAN E-3 ELECTRICAL DETAILS G-1 GROUNDING SITE PLAN G-2 TO G-2.1 GROUNDING DETAILS & NOTES --SUPPLEMENTAL VICINITY MAP PROJECT NOTES THESE CD'S WERE COMPILED IN PART BY UTILIZING 16065335RFDS 46467 v1.00 DATED 07/12/2024.ALL AT&T TOWER EQUIPMENT INFORMATION TO BE CONFIRMEDWITH LATEST AT&T RF DESIGN PRIOR TO INSTALLATION. TITLE SHEET & PROJECTINFORMATION NEW CINGULAR WIRELESS PCS LLC.1025 LENOX PARK BLVD NE, 3RD FLOORATLANTA, GA 30319 PRELIMINARY DRAWING NOT VALID UNLESS STAMPED AND SIGNED T-1 IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY AREACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT. SHEET NUMBER: ISSUED FOR: REV DESCRIPTION BY DATE A CLIENT REVIEW JCM 01/22/24 SM W J O B # 2 3 - 5 5 3 1 AT&T FA 16065335 SITE ADDRESS 907 THOMAS AVENUEPRATTVILLE, AL 36066 SITE NAME CENTRAL PRATVILLE B CLIENT REVIEW AMD 10/22/24 158 BUSINESS CENTER DRIVEBIRMINGHAM, AL 35244TEL: 205-252-6985 www.smweng.com ENGINEERING GROUP, LLC TOGETHER PLANNING A BETTER TOMORROW JOB ID # 1: WSBHM0039639JOB ID # 2: WSBHM0040433JOB ID # 3: WSBHM0040436JOB ID # 4: WSBHM0040464JOB ID # 5: WSBHM0040434 ORACLE PTN # 1: 2654A176LGORACLE PTN # 2: 2654A18VVDORACLE PTN # 3: 2654A18VV8ORACLE PTN # 4: 2654A18VK3ORACLE PTN # 5: 2654A18VVH NOT PROVIDED GEOGRAPHIC COORDINATES: LATITUDE: 32° 27' 33.661" N / 32.459350° LONGITUDE: 86° 26' 59.341" W / -86.449817° GROUND ELEVATION: 323' THE PROPOSED PROJECT CONSISTS OF: ·NEW FENCED COMPOUND WITHIN A 60'X60' LEASE AREA ·NEW AT&T WUC & GENERATOR ON A CONCRETE PAD ·NEW 195' MONOPOLE ·NEW AT&T ANTENNAS & ASSOCIATED EQUIPMENTON NEW 195' MONOPOLE PROPOSED 195' MONOPOLE TOWER TYPE ENGINEER: SMW ENGINEERING 158 BUSINESS CENTER DRIVE BIRMINGHAM, AL 35244 CONTACT: JEREMY SHARIT, PE PHONE: 205-397-6781 ALL WORK SHALL BE PERFORMED AND MATERIALS INSTALLED INACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNMENT AUTHORITIES. NOTHING INTHESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMINGTO THESE CODES. 1. INTERNATIONAL BUILDING CODE, 2021 EDITION 2. INTERNATIONAL EXISTING BUILDING CODE, 2021 EDITION 3. INTERNATIONAL PLUMBING CODE, 2021 EDITION 4. INTERNATIONAL FUEL GAS CODE, 2021 EDITION 5. INTERNATIONAL MECHANICAL CODE, 2021 EDITION 6. NATIONAL ELECTRICAL CODE (NFPA 70), 2020 EDITION 7. INTERNATIONAL FIRE CODE, 2021 EDITION 8. ANSI/ASHRAE/IES STANDARD 90.1-2013 ENERGY STANDARD FOR BUILDINGS EXCEPT LOW-RISE RESIDENTIAL BUILDINGS, WITH EXCEPTIONS PERMITTED TO: 6.5.1 - ECONOMIZERS8.4.2 - AUTOMATIC RECEPTACLE CONTROL8.4.3 - ELECTRICAL ENERGY MONITORING9. 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN THESE REQUIREMENTS SUPERSEDE THE ACCESSIBILITYREQUIREMENTS CONTAINED IN THE INTERNATIONAL BUILDING CODEAND ANSI A117.110. LOCAL BUILDING CODE 11. CITY/COUNTY ORDINANCES DCM CODES 1. ICC/NSSA-500 STANDARD FOR THE DESIGN AND CONSTRUCTION OF STORM SHELTERS, 2020 EDITION2. NATIONAL FIRE ALARM AND SIGNALING CODE (NFPA 72), 2019 EDITION DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 x x x x x x x x x x R O W R O W RO W RO W RO W R O W RO W RO W R O W RO W RO W R O W R O W R O W op op op op op op op op op op op op op op x x x xx xxxx x x x x PRELIMINARY DRAWING NOT VALID UNLESS STAMPED AND SIGNED C-1 IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY AREACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT. SHEET NUMBER: ISSUED FOR: REV DESCRIPTION BY DATE A CLIENT REVIEW JCM 01/22/24 SM W J O B # 2 3 - 5 5 3 1 AT&T FA 16065335 SITE ADDRESS 907 THOMAS AVENUEPRATTVILLE, AL 36066 SITE NAME CENTRAL PRATVILLE B CLIENT REVIEW AMD 10/22/24 158 BUSINESS CENTER DRIVEBIRMINGHAM, AL 35244TEL: 205-252-6985 www.smweng.com ENGINEERING GROUP, LLC TOGETHER PLANNING A BETTER TOMORROW OVERALL SITE PLAN UTILITY NOTICE THE UTILITIES AS SHOWN ON THIS DRAWING WERE DEVELOPED FROM THE INFORMATION AVAILABLE. THIS ISNOT IMPLIED NOR INTENDED TO BE THE COMPLETEINVENTORY OF UTILITIES IN THIS AREA. IT IS THE CLIENT'S /CONTRACTOR'S RESPONSIBILITY TO VERIFY THE LOCATIONOF ALL UTILITIES (WHETHER SHOWN OR NOT) AND PROTECTSAID UTILITIES FROM ANY DAMAGE. 20'0 20'10' SCALE: 1"=10' (22X34)1"=20' (11X17) PROPOSED 195' MONOPOLEW/ 4' LIGHTNING ROD PROPOSED 60'X60'LEASE AREA 90 ' - 9 " 59 ' - 4 " 54'-6"158'-8" APPROXIMATE LOCATIONOF OVERHEAD POWER LINE APPROXIMATEPROPERTY LINE ALL OLD BUILDINGS ARE TO BEREMOVED OR RELOCATED TO ACCOMMODATE PROPOSED TOWER. PROPOSED 25'INGRESS/EGRESS ANDUTILITY/FIBER EASEMENT PARENT TRACTBLACK SHEEP PROPERTIES, LLC A LIMITEDLIABILITY COMPANYPARCEL ID: 19 05 15 2 004 006.000ACREAGE: EXISTING SHEDTO BE REMOVED APPROXIMATE LOCATIONOF UTILITY POLE APPROXIMATEPROPERTY LINE R25' R2 5 ' R2 5 ' DR A F T DRAFT 12/06/2024 PRELIMINARY DRAWING NOT VALID UNLESS STAMPED AND SIGNED C-2 IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY AREACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONALENGINEER, TO ALTER THIS DOCUMENT. SHEET NUMBER: ISSUED FOR: REV DESCRIPTION BY DATE A CLIENT REVIEW JCM 01/22/24 SM W J O B # 2 3 - 5 5 3 1 AT&T FA 16065335 SITE ADDRESS 907 THOMAS AVENUEPRATTVILLE, AL 36066 SITE NAME CENTRAL PRATVILLE B CLIENT REVIEW AMD 10/22/24 158 BUSINESS CENTER DRIVEBIRMINGHAM, AL 35244TEL: 205-252-6985 www.smweng.com ENGINEERING GROUP, LLC TOGETHER PLANNING A BETTER TOMORROW TOWER ELEVATION AS OF 10/22/24, NO TOWER DRAWINGS OR SA ARECURRENTLY AVAILABLE TO INCORPORATE INTO CD'S. ONCERECEIVED, CD'S WILL BE UPDATED TO REFLECT TOWERDESIGN. FUTURE MW DISH 20'0 20'10' SCALE: 1"=10' (22X34)1"=20' (11X17) TOP OF PROPOSED TOWER ELEV.: 195'-0" AGL PROPOSED AT&T RAD CENTER ELEV.: 190'-0" AGL FUTURE ANTENNAS TOTAL TOWER HEIGHT INCLUDING APPURTENANCESELEV.: 199'-0" AGL FUTURE ANTENNAS PROPOSEDMONOPOLE PROPOSED 4' LIGHTNING ROD PROPOSED (2) FB-L98B-235 FIBER & (4) WR-VG66ST-BRDDC POWER TRUNKS IN (3)INNERDUCTS FUTURE MW DISH GRADEELEV.: 323' AMSL DR A F T DRAFT 12/06/2024 Page 1 of 3 Board of Zoning Adjustment Staff Report Variance 241210-03 MEETING DATE: December 10, 2024 PETITIONER: Ken Harris PROPERTY OWNER: Ken Harris SUBJECT ADDRESS: 1085 S Memorial Drive REQUEST: Variance site requirements CURRENT ZONING: B-2 (General Business) & R-2 (Single-Family) LOCATION: Northeast side of S Memorial Drive, between Stonewall Drive and Old Hwy 31 SURROUNDING LAND North: Commercial / B-2 & R-2 USES AND ZONING: South: Commercial / B-2 East: Residential / R-2 West: Commercial / B-2 LOCATION HISTORY: Previous Requests: N/A DESCRIPTION OF VARIANCE REQUEST: 1. The applicant is requesting a variance from site and site plan requirements, namely parking and landscaping APPLICANT’S HARDSHIP (FROM APPLICATION): “Cannot afford” ZONING ORDINANCE REFERENCED: DRAFT DRAFT 12/06/2024 Page 2 of 3 §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. DRAFT DRAFT 12/06/2024 Page 3 of 3 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: Applicant desires to place an approximately 3,000 square foot metal building on the subject property for his personal business storage. The applicant requests a variance from the site requirements for landscaping and parking. Typically, a new commercial structure will be required to provide minimum parking on-site. According to the Zoning Ordinance, a “warehouse” would be required to provide one parking space per employee plus one per company vehicle, but not less than one parking space per 500 square feet of building. In the subject case, this site would need six parking spaces. The zoning ordinance also requires landscaping along the foundation of the building and perimeter landscaping between the parking area and any adjoining properties. Ordinarily, frontage landscaping would be required along any adjoining rights- of-way, but this particular property does not have frontage on a public right-of-way. Reviewed by: Scott Stephens, City Planner DRAFT DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 P P P P P P P P P P P P P P P P P P P P P P P P P P P P P PLAT NO. 11079 L.L.C. LOT 1 S S SS SS SS S S S S S S S S SS 305.74 305.56 304.93 304.91 305.11305.33 305.47 305.25305.51 305.39305.55 305.58 305.57 303.16 303.59 303.89 304.39 304.08 303.79 303.65 303.42 303.25 303.12 303.29 304.10 304.28 304.89 305.12 302.50 302.91 303.15 303.17303.16 303.40 303.49 303.42 303.07 303.00 303.22303.43 303.59 303.80 303.88 303.33 302.95302.93 302.80302.51 302.68 305.04305.16 304.95 305.12 305.27 305.28 305.05 305.11 304.93 304.91 304.82 304.71 302.77 302.67 302.33 302.27 302.10 301.56 305.68 305.15 304.57 303.83 304.13304.15304.04 304.32 304.48 304.28 304.14304.28 304.34 304.23 304.62304.60304.77 304.80 304.70 304.52 304.15 304.04303.98 303.76304.00304.45304.79304.91305.04 305.35 305.07 304.78 304.52 303.91 303.62 303.69 303.87 304.36304.62305.06305.11305.41 305.62 305.64 305.82 306.00 306.05 305.84 305.84 305.84 305.57 305.76 305.29 305.54305.59 305.65305.45 305.11 304.57 304.13 303.93 303.52 303.27 303.45303.58304.20304.74305.23 305.39 304.75 304.19 304.09 304.96 304.58 302.89 302.73 302.79 302.78 302.95 303.12 302.99 302.95 302.87 302.96 303.09 303.10 303.26303.55 303.70 303.35 303.53304.07 304.03 303.85 304.14304.37 306.06 306.18 305.95 305.66 305.63 305.73 306.04 306.14 306.02 305.03 304.68 304.39 304.29 304.18 304.20 303.88 303.94 303.95 304.37 304.65 304.74 304.75 304.52 304.16 303.93 303.52 303.36 303.20 302.94 303.49 303.74 304.50 304.10 303.06 303.04 303.22 303.43304.03 303.48 303.54 303.94 303.94 303.73 302.36 301.69 301.79 302.57 303.25303.44 303.17 302.72303.11 303.04 302.47 SL SL SL SL SL WS WS WS WS WS WS WS PLAT NO. 11079 L.L.C. LOT 2 PB 2006 PG 23 PB 2006 PG 23 NOT A PART NOT A PART S F SF SF SF SF S F S F M O N T G O M E R Y , A L . 3 6 1 0 4 5 3 5 H E R R O N S T R E E T T E L . ( 3 3 4 ) 2 6 2 - 1 0 9 1 LA R R Y E . S P E A K S LA N D S U R V E Y O R S CO N S U L T I N G E N G I N E E R S AS S O C I A T E S , I N C . && HA R R I S L I G H T I N G & S I G N S L L C SO U T H M E M O R I A L D R I V E PR A T T V I L L E , A L A B A M A SHEET 3 OF DR A W I N G T I T L E : SI T E P L A N BL O W U P Pr o j e c t N o . : Dw g N a m e : Sc a l e : Dr a w n B y : Re v i e w e d B y : Da t e I s s u e d : 18 8 4 0 SU R V E Y . d w g 1" = 3 0 HH H GM G 10 / 2 7 / 2 0 2 2 RE V I S I O N S No . DE S C R I P T I O N DA T E TOTAL # N EW S 00 20'40' SCALE: 1"=20' X C.O. T 26 0 8"SS 8"W 8"W 8"SS \\ S 1 \ P r o j e c t s \ p r o j \ 1 8 8 4 0 \ d w g \ 1 8 8 4 0 - l a y o u t d w g . d w g , 1 1 / 2 / 2 0 2 2 1 : 1 0 : 4 1 P M , _ A u t o C A D P D F ( G e n e r a l D o c u m e n t a t i o n ) . p c 3 , H H H DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024 DR A F T DRAFT 12/06/2024