2411 November 12 BZA
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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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:
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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
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