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2502 February 25 BZA (SP MTG) 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 AGENDA LOCATION: 124 W Main Street-2nd Floor SPECIAL MEETING February 25, 2025 4:00pm The Pledge of Allegiance: Invocation: Roll Call: Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Ms. Sarah Johnson, Ms. Sheila Savage, and Mr. Jonathan Wynn. Call to Order: Character Trait of the Month: Sensitivity ... Using my senses to perceive the true attitudes and emotions of others. Committee Reports: Old Business: None New Business: 1. 250211-01 Special Exception: Accessory Dwelling 627 Vintage Way Esther Deneve, Petitioner Public Hearing District 7 2. 250211-02 VARIANCE: Vary the setback requirements 300 Angela Street George Goodwyn, Petitioner Public Hearing District 7 Minutes: December 10, 2024 Bylaws Review: Election of Officers: Adjourn: E_Sl, 1839 PRATTVILLE --�- Order: 627 Vintage Way Special Exception Case Number: 250211-01 BILL GILLESPIE, JR. MAYOR J.SCOTT STEPHENS, AICPDIRECTOR Whereas, the Prattville Board of Zoning Adjustment has received application from Esther Deneve requesting a Special Exception to allow an accessory dwelling on the property at 627 Vintage Way; and Whereas, the subject property is located in a R-5 (Patio Home Residential) zoning district. Having reviewed the submitted application and all supplemental information and heard testimony from the applicant and other interested parties on February 25, 2025, the Prattville Board of Zoning Adjustment finds that: 1.The proposed accessory dwelling is not an allowable special exception. IT IS THEREFORE ORDERED the petition of Esther Deneve, 627 Vintage Way, Prattville, AL 36066 is hereby denied as submitted. DONE TIDS THE 25THDAY OF FEBRUARY 2025. BOARD OF ZONING ADJUSTMENT PLANNING AND DEVELOPMENT 102 West Main Street \ Prattville, AL 36067 \ 334 595 0500 \ prattvllfeal.gov Page 1 of 5 Board of Zoning Adjustment Staff Report Special Exception 250211-01 MEETING DATE: February 11, 2025 PETITIONER: Esther Deneve PROPERTY OWNER: Esther Deneve SUBJECT ADDRESS: 627 Vintage Way REQUEST: Special Exception for accessory dwelling CURRENT ZONING: R-5 (Patio Home) LOCATION: 627 Vintage Way SURROUNDING LAND North: R-5 (Patio Home) / Residential USES AND ZONING: South: R-5 (Patio Home) / Residential East: R-5 (Patio Home) / Residential West: R-5 (Patio Home) / Residential 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 an accessory dwelling in R-5 Residential District. Page 2 of 5 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. §7.01 Accessory Dwellings Accessory Dwellings may only be permitted as an accessory use to a permitted single-family detached dwelling in accordance with the following: §7.01.01 Permit Required. An Accessory Dwelling Permit is required for all accessory dwellings. Accessory dwellings may be maintained in perpetuity but only in compliance with these regulations. Any accessory dwelling permitted use will automatically expire whenever: 1. The accessory dwelling is altered to the extent it no longer conforms to the plans approved by the City 2. Required off-street parking is no longer provided on the premises 3. The permittee ceases to own or reside on the premises (applies to R-1, R-2 and FAR Districts only) §7.01.02 Limitation in R-1, R-2 and FAR Districts. Because the R-1, R-2 and FAR Districts are intended for singlefamily detached dwellings, an accessory dwelling may only be permitted when the owner of the principal dwelling resides on the premises. This ensures that the accessory dwelling remains subordinate to the principal dwelling. §7.01.03 Area and Dimensional Requirements. Accessory dwellings are permitted only on lots of at least 7,500 sf, except where the district requires a larger lot. If the principal dwelling is not connected to sanitary sewer service, minimum lot requirements of the health department or similar authority apply to each of the dwellings. 1. Accessory dwellings must be set back from lot lines as required in §4.01.03 Additional Regulations. If detached from the principal dwelling, the accessory dwelling must be set back at least ten feet from the principal dwelling. Page 3 of 5 2. The habitable floor area of an accessory dwelling must be at least 200 sf but not more than 50% of the gross floor area of the principal dwelling or 1,000 sf, whichever is more restrictive. If detached, accessory dwellings are also subject to the cumulative area permitted for accessory structures. 3. Detached accessory dwellings may not be located closer to any front lot line than the principal dwelling. §7.01.04 Additional Requirements 1. Separate utility meters are not permitted for Accessory Dwellings. 2. No more than one accessory dwelling is permitted on the lot of a single-family detached dwelling, regardless of the lot size. 3. Accessory dwellings may have a separate 911 address for emergency purposes. If a separate mailbox is used for the accessory dwelling, it must be co-located with the mailbox for the principal dwelling, in accordance with US Postal Service regulations. 4. One parking space, in addition to that required for the principal dwelling, must be provided. 5. Accessory dwellings must comply with the Building Code, be installed on a permanent foundation and must maintain the appearance of the principal dwelling, including colors, materials and architectural style. 6. Accessory dwellings may not have separate vehicular access from the street. If the lot abuts an alley, access to the accessory dwelling may be from the alley regardless of whether the principal dwelling has access from the alley. 7. An accessory dwelling may not be sold separately from the principal dwelling unless there is sufficient lot area to subdivide the property into lots meeting the area and dimensional requirements of the district. ANALYSIS: The applicant is requesting a special exception to allow an accessory dwelling unit within the R-5 zoning district. The proposed unit will be 526 square feet and will be located at the rear of the principal structure. The property provides adequate off-street parking, meeting the zoning ordinance requirements. The proposed dwelling unit addition will feature matching materials to ensure alignment with the aesthetics of the principal structure and roofing. The applicant plans to extend a sidewalk along the side of the house, providing direct access to the unit without requiring entry through the principal structure. Additionally, the unit will be connected to the gated patio, which is not visible from the right-of-way. Reviewed by: Bria Hudson, Planner Page 4 of 5 Page 5 of 5 View from 627 Vintage Way BU E N A V I S T A B L V D O L D M IL L W Y VIN T A G E W Y CO T T O N BL O S S O M W Y BU E N A V I S T A L P BUENA V I S T A WY Maxar Legend Project Area Prattville City Limits Autauga Parcels 0 600300 Feet Locations are approximate ± Location Map VINT A G E W Y OLD M I L L W Y B U E N A V I S T A B L V D Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels 0 10050 Feet Locations are approximate ± Aerial Map R-3 R-5 R-5 R-5 R-5 R-5 F.A.R. BU E N A V I S T A B L V D O L D M IL L W Y VIN T A G E W Y CO T T O N B L O S S O M W Y BUENA VISTA LP BUENA V I S T A WY Maxar Legend Project Area Prattville City Limits Autauga Parcels Zoning Downtown Overlay B-1 B-2 B-3 B-4 F.A.R. M-1 M-2 O-1 P.U.D. INST R-1 R-2 R-3 R-4 R-5 R-6 RD-1 T-1 T-2 T-3 0 600300 Feet Locations are approximate ± Zoning Map Page 1 of 4 Board of Zoning Adjustment Staff Report February 11, 2025 George Goodwyn Goodwyn Holding LLC 300 Angela St. Variance from rear setback requirements R-2 (Single-Family Residential District) 300 Angela St. North: R-2 (Single-Family) / Residential Variance 250211-02 MEETING DATE: PETITIONER: PROPERTY OWNER: SUBJECT ADDRESS: REQUEST: CURRENT ZONING: LOCATION: SURROUNDING LAND USES AND ZONING: South: R-2 (Single-Family) / Residential East: R-2 (Single-Family) / Residential West: R-2 (Single-Family) / Residential DEVELOPMENT STATUS & HISTORY: Previous Requests: N/A DESCRIPTION OF VARIANCE REQUEST: 1.The applicant is requesting a variance from the minimum back yard setback requirements (§ 4 Table 4-2) APPLICANT’S HARDSHIP (FROM APPLICATION): “The original home burned down. Because of such a big front yard setback, this would make the new house way to shallow. We are asking for a rear yard variance due to the hardship required by the rear lot line, the increased front yard setback and because the original house was much closer to the rear lot line.” Page 2 of 4 ZONING ORDINANCE REFERENCED §4 AREA AND DIMENSIONAL REQUIREMENTS FOR RESIDENTIAL DISTRICTS §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. Page 3 of 4 ANALYSIS: The applicant is requesting a variance from the required rear yard setbacks due to the irregular shape of the lot. The subject property is zoned R-2 which requires a 40ft rear setback. The proposed residential will encroach approximately 10’ into the required rear yard setback of 40ft. The previous residence was destroyed by a house fire. Reviewed by: Joshua McKinney, Planner Page 4 of 4 ANGELA ST MU R F E E D R Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels 0 10050 Feet Locations are approximate ± Aerial Map MU R F E E D R ANGE L A S T JO Y C E S T ROS E M A R Y L N MAR I A N D R DE N I S E D R PE A R L D R S M E M O R I A L D R HA R B I N D R P I N E C R E E K R D BOBBIE ST SC E N I C D R D O D G E R S D R BO B BIE CT CAR O L I N E D R ASTROS A V E BRA V E S P L Maxar Legend Project Area Prattville City Limits Autauga Parcels 0 600300 Feet Locations are approximate ± Location Map R-2B-2 R-3 R-3 R-5 B-2 T-3 B-1 F.A.R. F.A.R. MU R F E E D R ANGE L A S T JO Y C E S T ROS E M A R Y L N MAR I A N D R DE N I S E D R PE A R L D R S M E M O R I A L D R HA R B I N D R P I N E C R E E K R D BOBBIE ST SC E N I C D R D O D G E R S D R BO B BIE CT CAR O L I N E D R ASTROS A V E BRA V E S P L Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels Zoning Downtown Overlay B-1 B-2 B-3 B-4 F.A.R. M-1 M-2 O-1 P.U.D. INST R-1 R-2 R-3 R-4 R-5 R-6 RD-1 T-1 T-2 T-3 0 600300 Feet Locations are approximate ± Zoning Map January 11, 2022 Page 1 of 3 Prattville Board of Zoning Adjustment Rules and Bylaws Adopted August 11, 2020; Amended through January 11, 2022 Prattville Board of Zoning Adjustment Rules and Bylaws 1. Powers, Duties, and Composition The powers, duties, and composition of the Prattville Board of Zoning Adjustment (hereafter referred to as “the Board”) shall be as specified in Title 11, Chapter 52 of the Code of Alabama 1975, as amended, and those powers and duties delegated to the Board by the City Council of the City of Prattville, Alabama. 2. Officers and Their Duties a. The officers of the Board shall consist of a Chairman, a Vice-Chairman, and a Secretary. b. The Board shall elect its Chairman and Vice-Chairman from among the regular members. The term of office of the Chairman and Vice-Chairman shall be one year or until a new officer is duly elected, with eligibility for reelection. Officer elections shall be held during the first meeting of each year, and the new officers will begin their office at the next meeting after their election. c. In the event the Chairman resigns or is no longer able to continue the office for any reason, then the Vice-Chairman shall fill the unexpired term of the office of Chairman and the Board shall elect a new Vice-Chairman for the remainder of the unexpired term of Vice-Chairman. d. The Chairman shall preside at all meetings and hearings of the Board and shall decide all points of order or procedure and perform any duties required by law, ordinance, these rules, or the Board. The Chairman shall have the authority to appoint and charge any committees as necessary. The Chairman may administer oaths and compel the attendance of witnesses, and shall call upon the supernumerary members as needed. The Vice-Chairman shall preside in the absence of the Chairman. In the event that neither the Chairman nor Vice-Chairman is present or is unable to act, an Acting Chairman shall be chosen from among the members present for that meeting. e. The Secretary of the Board shall be the Director of the Planning and Development Department, or a staff member as designated by the director. The Secretary shall keep the minutes and records of the Board, prepare the agenda of meetings with the Chairman, provide and arrange notice of meetings, attend to correspondence of the Board, and to other duties as are normally carried out by a Secretary. January 11, 2022 Page 2 of 3 3. Meetings a. Meetings of the Board shall be held at the call of the Chairman and at such other times as the board may determine. Typical meeting dates and times shall be on the second Tuesday of the month at 4:00pm, at Prattville City Hall in the council chambers. Additional meetings may be scheduled by the Chairman as needed. If meetings need to be rescheduled for holidays or other events, the new date and time shall be duly posted. b. Four members shall be a quorum for the conduct of official business. c. The Board shall follow the rules contained in the current edition of Robert’s Rules of Order in cases they are applicable and not inconsistent with these rules, or other applicable rules, regulations, or laws. d. The order of business at regular meetings should generally follow the order stated below, but may be changed at the discretion of the Chairman: i. Pledge of Allegiance to the Flag ii. Invocation iii. Roll call and establishment of a quorum iv. Call to order v. Character Trait of the Month (Character Coalition) vi. Committee reports vii. Old business viii. New business, including any public hearing required with each agenda item. ix. Approval of minutes of previous meeting(s) x. Other and miscellaneous business xi. Adjournment e. Presentation of items should generally follow the order stated below, but may be changed at the discretion of the Chairman: i. The Chairman calls for the next agenda item ii. The Planning Director or designee provides a summary of the request iii. The applicant or petitioner presents his or her request and provides information in support of the application, and answers any questions from the Board iv. If a public hearing is needed, the Chairman will ask for anyone present who would like to provide input regarding the request v. The Board members may discuss details and issues raised, and may ask questions of the applicant, city staff, or other parties vi. The Chairman will call for a motion establishing the findings of fact, a second, and a vote vii. The Chairman will call for a motion regarding the request to be read and a second, and the Chairman may ask if further discussion is needed viii. The vote will be called, and the Chairman announces the result f. Meeting Decorum i. Speakers shall observe the commonly accepted rules of courtesy, decorum, dignity, and good taste. All comments, questions, or remarks shall be addressed to the Chairman or the Board as a body and not to members of the audience or the petitioner. Interested parties or their representatives may address the Board by written communications, a copy of which shall be provided to the Secretary either before or during the meeting. January 11, 2022 Page 3 of 3 ii. Those wishing to speak for or against the petition will be allowed to do so during the public hearing, provided that the Chairman has the discretion to rule out of order any abusive or irrelevant statements. At the discretion of the Chairman, a speaker may address the Board a second time, but only after all others have been given an opportunity to speak. iii. The Chairman reserves the right to require an individual wishing to speak on behalf of another person, group, or entity to provide written authorization from the person, group, or entity being represented. g. All meetings of the Board shall be open to the public. h. Notice of meetings and public hearings shall be performed as specified in Title 11, Chapter 52 of the Code of Alabama 1975, as amended, and/or as required by the Alabama Open Meetings Act. The Secretary may employ supplemental notification procedures (yard signs, electronic notification, etc) to ensure that interested parties are aware of pending cases, but the failure of any such supplemental notification procedures shall not invalidate any lawful action or decision of the Board. 4. Conflicts of Interest and Member Conduct a. In the case a Board member has a direct personal interest, pecuniary interest, or other conflict, the member shall recuse himself or herself and not participate in the case. A supernumerary member may be called upon to serve in the regular member’s stead and exercise the same power and authority as the regular member. b. Board members are advised not to discuss pending cases with members of the public outside of the public meeting, and if attempted ex parte contact persists, the member should disclose such contact at the Board meeting. Any written material received by members shall be given to the Secretary for incorporation into the files. c. Board members shall avoid all improper conduct and the appearance of impropriety including showing bias for or against a petitioner, individual, or group, or criticizing the vote or comments of any member of the Board. 5. Amending and Review of Rules a. Amendments to these rules shall require the affirmative vote of four members of the Board. b. The Board shall review these rules annually at the same meeting as officer elections.