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2505 May 13 BZA Pkt (Draft) 102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICP DIRECTOR CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT AGENDA LOCATION: 124 W Main Street-2nd Floor May 13, 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: Compassion … Investing whatever is necessary to show concern through words and actions. Committee Reports: Old Business: 1. 250311-03 VARIANCE: Vary site plan requirements 962 Washington Ferry Road Willie Jackson, Petitioner Held 3/17 District 2 New Business: 2. 250513-01 SPECIAL EXCEPTION: To allow a pet grooming with outside runs 931 S Memorial Drive Katrice Brown, Petitioner Public Hearing District 6 Minutes: April 8, 2025 Adjourn: DR A F T Draft Prattville Board of Zoning Adjustment April 8, 2025 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment 1 Minutes 2 April 8, 2025 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, April 8, 2025 at 124 W Main Street. After the Pledge of Allegiance, invocation and reading 8 the Character Trait, the meeting commenced. 9 10 ROLL CALL: 11 Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Ms. Sarah Johnson, Mr. 12 Johnathan Wynn, and Supernumerary member, Mr. Neal Parker. Ms. Sheila Savage was absent. 13 14 Quorum Present 15 16 Staff present were Mr. Joshua McKinney, Senior Planner; Ms. Bria Hudson, Planner, and Ms. Alisa 17 Morgan, Secretary. 18 19 CHARACTER TRAIT OF THE MONTH: 20 The Character Trait of the Month is Determination … Overcoming obstacles in order to reach my goals. 21 22 COMMITTEE REPORTS: 23 24 OLD BUSINESS: 25 There was no old business to discuss. 26 27 NEW BUSINESS: 28 VARIANCE: 29 Fence 30 761 Harbin Drive 31 Matthew Tate, Petitioner 32 33 Mr. McKinney introduced the variance request for a fence height over the required 4’ to encroach into the 34 front setback on a lot that has two street frontages. 35 36 Matthew Tate, petitioner, presented the request. He explained that a 4’ fence along Maggie Drive would 37 not allow him to enclose the rear patio. 38 39 Chairman Knapp opened the floor for public comments. There were no comments, the public hearing 40 was closed. 41 42 Chairman Knapp opened the discussion for the Board. In their discussion, the BZA could not find an 43 unnecessary hardship related to the land, building, or other structures against application of the Zoning 44 Ordinance. They suggested that the petitioner seek guidance from the City Council to seek relief in the 45 Zoning Ordinance on fences. After no further discussion, the vote was called. Mr. Parker moved to 46 establish the findings of fact stating that 1) granting of a variance is not in harmony with the intent and 47 purposes of the zoning ordinance. Mr. Barrett seconded the motion. The motion to approve the findings 48 of fact passed unanimously. 49 50 After no further discussion, the vote was called. Mr. Parker moved to deny the request to allow a fence 51 (6’) forward the front building line based on the approved finding of fact. Mr. Wynn seconded the motion. 52 The motion to deny passed unanimously. 53 54 DR A F T Draft Prattville Board of Zoning Adjustment April 8, 2025 Minutes Page 2 of 3 VARIANCE: 55 Rear yard encroachment 56 710 Hamilton Lane 57 Angela & Ronald Stokes, Petitioners 58 59 Ms. Hudson introduced the variance request to allow an enclosed patio to encroach into the required 30’ 60 rear yard setback. 61 62 Ronald and Angela Stokes, petitioners, presented the request. They stated that the patio was enclosed at 63 the time the house was built with intentions of enclosing it at a later time. Mr. Stokes stated that he spoke 64 with his neighbor who had no objections. 65 66 Chairman Knapp opened the floor for public comments. There were no comments, the public hearing 67 was closed. 68 69 Chairman Knapp opened the discussion for the Board. Mr. Barrett moved to establish the findings of fact 70 stating that 1) special conditions and circumstances do not exist which are peculiar to the land, structure, 71 or building involved and which are not applicable to other lands structures, or buildings in the same zoning 72 district; 2) that a literal interpretation of the zoning ordinance would not deprive the applicant of rights 73 commonly enjoyed by other properties in the same district under the terms of the zoning ordinance; and 74 3) that granting of a variance will confer a special privilege on the applicant that is denied by this ordinance 75 to other lands, structures, or buildings in the same district. Mr. Parker seconded the motion. The motion 76 to approve the findings of fact passed unanimously. 77 78 After no further discussion, the vote was called. Mr. Wynn moved to deny the request to encroach into 79 the rear yard setback based on the approved findings of fact. Ms. Johnson seconded the motion. The 80 motion to deny passed unanimously. 81 82 VARIANCE: 83 Side yard encroachment 84 114 Richmond Way 85 Angela & David Miller, Petitioners 86 87 Ms. Hudson introduced the variance request to allow a carport to encroach into the required 10’ side yard 88 setback. A similar carport previously existed on the property, but was removed due to weather-related 89 damage. 90 91 David and Angela Miller, petitioners, presented the request. They stated that the proposed carport will be 92 similar to the previously one that was damaged. Mr. Stokes stated that the carport had been destroyed 93 over 15 years, but previous owners did not replace it. 94 95 Chairman Knapp opened the floor for public comments. There were no comments, the public hearing 96 was closed. 97 98 Chairman Knapp opened the discussion for the Board. Ms. Johnson moved to establish the findings of 99 fact stating that 1) granting of a variance is in harmony with the intent and purposes of the zoning 100 ordinance; and 2) that a variance will not adversely affect the surrounding property, the general 101 neighborhood, or the community as a whole. Mr. Wynn seconded the motion. The motion to approve 102 the findings of fact passed unanimously. 103 104 After no further discussion, the vote was called. Chairman Knapp moved to approve the request to 105 encroach into the side yard setback based on the approved findings of fact. Mr. Wynn seconded the 106 motion. The motion to approve passed unanimously. 107 108 DR A F T Draft Prattville Board of Zoning Adjustment April 8, 2025 Minutes Page 3 of 3 MINUTES: 109 Mr. Parker moved to approve the minutes of the March 17, 2025 special meeting. The motion to approve 110 passed unanimously. 111 112 Miscellaneous 113 114 ADJOURN: 115 After no further comments, questions, or discussion the meeting was adjourned. 116 117 Respectfully submitted, 118 119 120 Alisa Morgan, Secretary 121 Board of Zoning Adjustment 122 DR A F T Page 1 of 2 Board of Zoning Adjustment Staff Report Variance 250311-03 MEETING DATE: May 13, 2025 PETITIONER: Willie Jackson PROPERTY OWNER: Willie Jackson & Frank Jackson SUBJECT ADDRESS: 962 Washington Ferry Rd. REQUEST: Variance to allow accessory structure without principal structure CURRENT ZONING: B-2 (General Business District) LOCATION: 962 Washington Ferry Rd. SURROUNDING LAND North: B-2 (General Business) / Undeveloped USES AND ZONING: South: RD-1 (Single-Family) / Residential East: B-1 (Neighborhood Business) / Hilltop LLC West: B-2 (General Business) / Residential DEVELOPMENT STATUS & HISTORY: Previous Requests: The applicant is requesting a variance from required parking and landscaping requirements (§ 8 & 10) (Postponed from 3/11 meeting) DESCRIPTION OF VARIANCE REQUEST: 1. The applicant is requesting a variance to allow an accessory structure without a principal structure (§ 3.04.06 b.) APPLICANT’S HARDSHIP (FROM APPLICATION): “Drive way present and in the future, I want to rebuild a home” DR A F T Page 2 of 2 ZONING ORDINANCE REFERENCED §3.04.06 Accessory Structures, Site Appurtenances b. No accessory structure may be established prior to the substantial completion of the primary structure though they may be permitted and constructed at the same time. No accessory structure may ne used prior to the principal structure being occupied. This does not apply to agriculture related structures. §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 to allow an accessory structure without a principal structure. The subject property is currently zoned B-2. On April 17th, Planning commission approved and recommended to City Council (CC) to rezone the property and surrounding properties to R-3 zoning. CC will vote to have a public hearing, for the rezoning of his property and surrounding properties, on May 6th and that the public hearing will be set for another date. The structure is 12x20 (240sf). There was a home on the property but burned down years ago. Mr. Jackson has interest to build a new home on the property in the future. Reviewed by: Joshua McKinney, Senior Planner DR A F T Page 1 of 3 Board of Zoning Adjustment Staff Report Special Exception 250513-01 MEETING DATE: May 13, 2025 PETITIONER: Katrice Brown PROPERTY OWNER: James Bryant SUBJECT ADDRESS: 931 S Memorial Dr. REQUEST: Special Exception to allow a pet grooming with outside runs CURRENT ZONING: B-2 (Commercial) LOCATION: 931 S Memorial Dr SURROUNDING LAND North: Commercial / B-1 USES AND ZONING: South: Commercial / B-2 East: Commercial/ B-2 West: Commercial / B-2 LOCATION HISTORY: Previous Requests: N/A DESCRIPTION OF SPECIAL EXCEPTION REQUEST: The applicant is requesting a Special Exception to allow a pet grooming with outside runs APPLICANT’S HARDSHIP (FROM APPLICATION): “Enhance overall experience” DR A F T Page 2 of 3 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. ANALYSIS: The applicant proposes to construct a 23' x 22' metal shed double garage at the rear of the property to serve as outdoor runs for a pet grooming facility. The business will operate from 7:00 AM to 7:00 PM, with an estimated 50–60 dogs groomed or in daycare per day. Overnight boarding will also be offered. Off-street parking will be provided through an agreement with the adjoining property owner. Please email the property owner to obtain written confirmation for the application file. DR A F T Page 3 of 3 The facility is a two-story structure capable of accommodating and housing the dogs receiving services. Reviewed by: Bria Hudson, Planner DR A F T D A V I S S T SMITH AVE S M E M O R I A L D R DOZI E R A V E P E A C H T R E E S T OATES RD L O D E R S T DE R A M U S S T WI N G A R D S T THO M A S A V E D E R A M U S C T H ONEYS U C K L E DR BEVERLY AVE JOSEPHINE AVE DOZI E R AVE Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels 0 400200 Feet Locations are approximate ± Location Map DR A F T S M E M O R I A L D R P E A C H T R E E S T Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels 0 10050 Feet Locations are approximate ± Aerial Map DR A F T B-2 R-2 R-2 B-1 B-1 R-6 B-1 B-2 B-1 B-2 B-2B-1 D A V I S S T SMITH AVE S M E M O R I A L D R DOZI E R A V E P E A C H T R E E S T OATES RD L O D E R S T DE R A M U S S T WI N G A R D S T THO M A S A V E D E R A M U S C T H ONEYS U C K L E DR BEVERLY AVE JOSEPHINE AVE DOZI E R AVE 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 D A V I S S T SMITH AVE S M E M O R I A L D R DOZI E R A V E P E A C H T R E E S T OATES RD L O D E R S T DE R A M U S S T WI N G A R D S T THO M A S A V E D E R A M U S C T H ONEYS U C K L E DR BEVERLY AVE JOSEPHINE AVE DOZI E R AVE Maxar, Microsoft Legend Project Area Prattville City Limits Autauga Parcels Downtown Commercial& Mixed Use Conservation & Green Space I Conservation & GreenSpace II Mixwed-Use Residential Mixed-Use Commercial Open Space General Commercial &Mixed Use General Industrial Light Industrial General Institutional Medium Density Residential Medium DensityResidential - Powell/Hwy 31 Very Low DensityResidential Low Density Residential 0 400200 Feet Locations are approximate ± Future Land Use Map DR A F T DR A F T DR A F T DR A F T DR A F T