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2504 April 8 BZA Pkt (Draft)102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov BILL GILLESPIE, JR. MAYOR J.SCOTT STEPHENS, AICPDIRECTOR CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT AGENDA LOCATION: 124 W Main Street-2nd Floor April 8, 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: Determination … Overcoming obstacles in order to reach my goals. Committee Reports: Old Business: None New Business: 1. 250408-01 VARIANCE:Fence 761 Harbin Drive Matthew Tate, Petitioner Public Hearing District 7 2. 250408-02 VARIANCE:Rear yard encroachment 710 Hamilton Lane Angela & Ronald Stokes, Petitioners Public Hearing District 3 3. 250311-03 VARIANCE:Side yard encroachment 114 Richmond Way Angela & David Miller, Petitioners Public Hearing District 6 Minutes: March 17, 2025 (Special Meeting) Adjourn: DR A F T Draft Prattville Board of Zoning Adjustment March 17, 2025 Minutes (Special Meeting) Page 1 of 3 1 City of Prattville Board of Zoning Adjustment 2 Minutes 3 Special Meeting 4 March 17, 2025 5 6 Call to order: 7 The special meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order at 4:21 p.m. on Monday, 8 March 17, 2025. After the Pledge of Allegiance, invocation and reading the Character Trait, the meeting commenced. 9 10 Roll Call: 11 Mr. McKinney called the roll. Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, 12 Mr. Jonathan Wynn, and Mr. Neal Parker. 13 14 (Quorum present) 15 16 Staff present: Mr. Joshua McKinney, Planner; Ms. Bria Hudson, Planner. 17 18 CHARACTER TRAIT OF THE MONTH: 19 The Character trait of the month is Discernment …Understanding the deeper reasons why things happen. 20 21 Minutes: 22 Mr. Parker made a motion to accept the February 25, 2025 minutes. Motion passed unanimously. 23 24 Committee Reports: 25 26 Old Business: 27 There was no old business to discuss. 28 29 New Business: 30 1. Special Exception: 31 Metal Siding 32 Old Ridge Road N (Vacant Lot) 33 Webb Builders, Petitioner 34 35 Ms. Hudson introduced this special exception request to allow metal siding. 36 37 Mr. Danny Webb, petitioner, appeared on behalf of the request. Mr. Webb explained the request for the special 38 exception. Mr. Webb explained the proposed development will be a rock-climbing facility. 39 40 Mr. Wynn asked if the proposed material has issues with warping. 41 42 Mr. Webb says it does not have issues with warping and will have a darker color. The back of the building will 43 be reverse roll metal sheets and will not be standard PBR panel. 44 45 Mr. Webb informs the Board that the building will have an upscale and modern look. 46 47 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact stating 48 that 1) development of the proposed use is in the public interest and meets the spirit of the City of Prattville 49 Zoning Ordinance; 2) that it will not allow the establishment of a prohibited use; and 3) Special Exception would 50 not have adverse effect on surrounding property. Mr. Wynn seconded the motion. Motion to approve the finding 51 of fact passed unanimously. 52 53 After no further discussion, the vote was called. Mr. Barrett moved to approve the request to allow metal siding 54 based on the approved findings of fact. Mr. Parker seconded the motion. The motion to approve passed 55 unanimously. 56 DR A F T Draft Prattville Board of Zoning Adjustment March 17, 2025 Minutes (Special Meeting) Page 2 of 3 57 58 59 2. Special Exception: 60 Metal Siding 61 2091 Fairview Ave 62 Webb Builders, Petitioner 63 64 Mr. McKinney introduced the special exception request to allow metal siding. 65 66 Chairman Knapp asked if the petitioner was present. 67 68 Mr. Danny Webb, petitioner, appeared on behalf of the request. Mr. Webb explained the request for the special 69 exception. Mr. Webb explained the proposed development will be for Long Lewis Ford commercial detail shop. 70 71 Mr. Webb explained that the building will be similar in detail as the current detail shop. 72 73 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact stating 74 that 1) development of the proposed use is in the public interest and meets the spirit of the City of Prattville 75 Zoning Ordinance; 2) that it will not allow the establishment of a prohibited use; and 3) Special Exception would 76 not have adverse effect on surrounding property. Mr. Wynn seconded the motion. Motion to approve the finding 77 of fact passed unanimously. 78 79 After no further discussion, the vote was called. Mr. Parker moved to approve the special exception request as 80 presented. Seconded by Mr. Barrett. The motion for special exception as presented was approved unanimously. 81 82 3. Variance: 83 Vary site plan requirements 84 962 Washington Ferry Road 85 Willie Jackson, Petitioner 86 87 Mr. McKinney introduced the variance request from landscaping and parking requirements for a building or 88 structure zoned for B-2 (general business district). 89 90 Chairman Knapp asked if the petitioner was present. 91 92 Mr. Willie Jackson, petitioner, appeared on behalf of the request. Mr. Jackson explained the original house on 93 the lot burned down and would like to build a new house on the lot. 94 95 Mr. Barrett informed the petitioner that it would might make sense to postpone the variance request till after the 96 proposed Planning Commission rezoning amendment hearing, from B-2 to R-3, in April. 97 98 Mr. McKinney informed the Board that there cannot be an accessory structure without a principal structure, if 99 the lot is rezoned from B-2 to R-3. 100 101 Ms. Hudson recommended to postpone the meeting till after the April 17th Planning Commission meeting date. 102 103 Mr. Wynn made a motion to hold over vote pending April 17th Planning Commission zoning amendment hearing. 104 Mr. Barrett seconded that motion. The motion to postpone vote was approved unanimously. 105 106 4. Variance: 107 Sign Regulations 108 508 McQueen Smith Road S. 109 Dr. Anthony Spina, Petitioner 110 111 Mr. McKinney introduced the variance request from the maximum allowable square footage for signs. 112 DR A F T Draft Prattville Board of Zoning Adjustment March 17, 2025 Minutes (Special Meeting) Page 3 of 3 113 Chairman Knapp asked if the petitioner was present. 114 115 Mr. Don Haws, appeared on behalf of the request. Mr. Haws explained the request for the variance. 116 Mr. Haws informed the Board that they would like to maintain the former Budget sign size. 117 118 Chairman Knapp opened the floor for public comments 119 120 Mr. Trip Galloway appeared on behalf of the applicant as his attorney. Mr. Galloway informed the Board that 121 the hardship is the building distance from the road way and the customers being able to see the business. 122 123 Chairman Knapp opened the floor to the public 124 125 Wade Newman gave his perspective of the variance request. 126 127 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact stating 128 that 1) special conditions and circumstances exist that are peculiar to the land and building involved which are 129 generally not applicable to other land structures or land in the same district 2) special conditions and 130 circumstances did not result from actions of the applicant 3) the granting of the variance will not adversely affect 131 the surrounding property; general neighborhood or community as a whole. Mr. Wynn seconded the motion. 132 Motion to approve the finding of fact passed unanimously. 133 134 After no further discussion, the vote was called. Mr. Parker moved to approve the variance as requested. Mr. 135 Wynn seconded the motion. The motion to approve passed unanimously. 136 137 5. Variance: 138 Accessory Structure 139 255 Murfee Drive 140 Patti Atchison, Petitioner 141 142 Ms. Hudson introduced the variance request from side yard setback requirements for a shed. 143 144 Ms. Patti Atchison, the petitioner, appeared on behalf of the request. Ms. Atchison explained her request to build 145 a shed at the desired location of her backyard. 146 147 Chairman Knapp opened the discussion for the Board. Mr. Parker moved to establish the findings of fact stating 148 that 1) the Board finds that special conditions and circumstances exist which are peculiar to the land and building 149 involved which are general not applicable to other land or buildings in the same district 2) Special conditions for 150 which the relief did not result in actions of the applicant 3) Granting of the variance is in harmony with the intent 151 and purpose of the ordinance. Mr. Wynn seconded the motion. Motion to approve the finding of fact passed 152 unanimously. 153 154 After no further discussion, the vote was called. Mr. Wynn moved to approve the variance request as requested. 155 Mr. Parker seconded the motion. The motion to approve passed unanimously. 156 157 158 Adjourn: 159 There being no other business, the meeting was adjourned at 6:18 p.m. 160 161 162 Respectfully submitted, 163 164 165 166 Joshua McKinney, Acting Secretary 167 Prattville Board of Zoning Adjustment 168 DR A F T Page 1 of 3 Board of Zoning Adjustment Staff Report Variance 250408-01 MEETING DATE: April 8, 2025 PETITIONER: Matthew Tate PROPERTY OWNER: Matthew Tate SUBJECT ADDRESS: 761 Harbin Drive REQUEST: Variance from fences and walls forward of the front building line may not exceed four feet in height. CURRENT ZONING: R-3 (Single Family Residential District) LOCATION: 761 Harbin Drive (McClain Landing) SURROUNDING LAND North: R-3 (Single Family Residential) USES AND ZONING: South: R-3 (Single Family Residential) East: R-3 (Single Family Residential) West: R-3 (Single Family Residential) DEVELOPMENT STATUS & HISTORY: Previous Requests: N/A DESCRIPTION OF VARIANCE REQUEST: 1. Variance from fences and walls forward of the front building line may not exceed four feet in height (§ 4.01.03 (3. (a.)). APPLICANT’S HARDSHIP (FROM APPLICATION): “761 Harbin Drive sits on the corner of Harbin Drive and Maggie Drive. The front of the house with the front door and driveway are situated on Harbin Drive. The city has zoned the portion of the house on Maggie Drive as a second frontage, and thus a six-foot-tall fence may not extend past the back corner of my house on the Maggie Drive side because of the maximum fence height is four feet in the front. I am unable to start the six-foot-tall fence at the back corner of the house because of the covered patio on that second frontage” DR A F T Page 2 of 3 ZONING ORDINANCE REFERENCED §4.01.03 (3. (a.)) Residential Regulations (Fences and walls) a) Fences and walls forward of the front building line may not exceed four feet in height and may not be opaque. §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 fences and wall forward of the front building line may not exceed four feet in height in residential districts. The applicant has a double-frontage corner lot along Harbin Dr. and Maggie Dr. The proposed fence will be six feet in height and would extend forward of the front building line, on Maggie Dr., two to four feet. Reviewed by: Joshua McKinney, Senior Planner DR A F T Page 3 of 3 DR A F T MAGGIE DR HA R B I N D R Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels 0 10050 Feet Locations are approximate ± Aerial Map DR A F T MAGGIE DR PE A R L D R HA R B I N D R MU R F E E D R JOYCE ST LE E A U D I S L N BOBBIE ST Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels 0 400200 Feet Locations are approximate ± Location Map DR A F T R-3 B-2 R-2 B-2 R-3 R-3 MAGGIE DR PE A R L D R HA R B I N D R MU R F E E D R JOYCE ST LE E A U D I S L N BOBBIE ST 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 400200 Feet Locations are approximate ± Zoning Map DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T DR A F T Page 1 of 2 Board of Zoning Adjustment Staff Report Variance 250408-02 MEETING DATE: April 8, 2025 PETITIONER: Angela Stokes & Ronald Stokes PROPERTY OWNER: Angela Stokes & Ronald Stokes SUBJECT ADDRESS: 710 Hamilton Lane REQUEST: Variance from rear setback requirements for patio CURRENT ZONING: R-3 (Single-Family) LOCATION: Hamilton Lane SURROUNDING LAND North: Residential / R-3 USES AND ZONING: South: Residential / R-3 East: Residential / R-3 West: Residential / R-3 LOCATION HISTORY: Previous Requests: N/A DESCRIPTION OF VARIANCE REQUEST: 1. The applicant is requesting a variance from rear setback requirements for patio. APPLICANT’S HARDSHIP (FROM APPLICATION): “Unable to cover the existing patio from weather conditions” ZONING ORDINANCE REFERENCED: DR A F T 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 to cover an existing 308-square-foot concrete patio that currently encroaches beyond the 30-foot rear setback. The total backyard area, including the patio, is approximately 1,962 square feet. The proposed awning would provide weather protection for the existing patio space. Based on the submitted application and supporting documents, there are no apparent unique physical conditions on the parcel. The applicant may provide further details regarding the design, visual appearance, and justification for the requested variance. Reviewed by:Bria Hudson, Planner DR A F T LIL Y D R HAM I L T O N L N Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels 0 10050 Feet Locations are approximate ± Aerial Map DR A F T LI L Y D R W H E A T R I D G E D R HAM I L T O N L N O L D R I D G E R D E BEN J A M I N W Y Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels 0 400200 Feet Locations are approximate ± Location Map DR A F T R-3 R-3 B-1 LI L Y D R W H E A T R I D G E D R HAM I L T O N L N O L D R I D G E R D E BEN J A M I N W Y 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 400200 Feet Locations are approximate ± Zoning Map DR A F T DR A F T DR A F T DR A F T DR A F T Page 1 of 3 Board of Zoning Adjustment Staff Report Variance 250408-03 MEETING DATE: April 8, 2025 PETITIONER: Angela Miller & David Miller PROPERTY OWNER: Angela Miller & David Miller SUBJECT ADDRESS: 114 Richmond Way REQUEST: Variance from rear setback requirements for patio CURRENT ZONING: R-3 (Single-Family) LOCATION: Richmond Way SURROUNDING LAND North: Residential / R-2 USES AND ZONING: South: Residential / R-2 East: Residential / R-2 West: Residential / R-2/R-3 LOCATION HISTORY: Previous Requests: N/A DESCRIPTION OF VARIANCE REQUEST: 1. The applicant is requesting a variance from side setback requirements for carport. APPLICANT’S HARDSHIP (FROM APPLICATION): “There was a carport on this property previously and we would like to have it built back. It was never an issue with our neighbors.” DR A F T Page 2 of 3 ZONING ORDINANCE REFERENCED: §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; DR A F T Page 3 of 3 7. The variance requested is the minimum adjustment necessary to enable the legal use of the land or structure. ANALYSIS: The applicant is proposing to install a new carport approximately 1½ inches from the property line and adjacent parcel. A similar carport previously existed on the property but was removed due to weather-related damage. At the time, the property owners were unable to replace it due to financial constraints. The proposed carport will be under 12 feet in height and will measure 16 feet in width by 32 feet in length. The applicant may provide additional details regarding the construction timeline, materials, and design of the proposed structure. Reviewed by: Bria Hudson, Planner DR A F T RI C H M O N D W Y GUILFORD LN Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels 0 10050 Feet Locations are approximate ± Aerial Map DR A F T KAY ST POPLAR ST GUILFORD LN RADBURN WYRICH M O N D W Y PA R K S T BEDF ORD TE R WR I G H T S T CHATAMLN W A R W I C K D R TR I N I T Y C H U R C H DO RIS S T Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels 0 400200 Feet Locations are approximate ± Location Map DR A F T R-2 KAY ST POPLAR ST GUILFORD LN RADBURN WYRICH M O N D W Y PA R K S T BEDF ORD TE R WR I G H T S T CHATAMLN W A R W I C K D R TR I N I T Y C H U R C H DO RIS S T 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 400200 Feet Locations are approximate ± Zoning Map DR A F T DR A F T DR A F T DR A F T DR A F T