2504 April 8 BZA102 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. 250408-03 VARIANCE:Side yard encroachment 114 Richmond Way Angela & David Miller, Petitioners
Public Hearing District 6
Minutes: March 17, 2025 (Special Meeting)
Adjourn:
Approved 5/13/2025
Prattville Board of Zoning Adjustment
April 8, 2025 Minutes
Page 1 of 3
City of Prattville Board of Zoning Adjustment Minutes April 8, 2025 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order at 4:00 p.m. on Tuesday, April 8, 2025 at 124 W Main Street. After the Pledge of Allegiance, invocation and reading the Character Trait, the meeting commenced.
ROLL CALL: Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Ms. Sarah Johnson, Mr.
Johnathan Wynn, and Supernumerary member, Mr. Neal Parker. Ms. Sheila Savage was absent. Quorum Present
Staff present were Mr. Joshua McKinney, Senior Planner; Ms. Bria Hudson, Planner, and Ms. Alisa Morgan, Secretary. CHARACTER TRAIT OF THE MONTH: The Character Trait of the Month is Determination … Overcoming obstacles in order to reach my goals. COMMITTEE REPORTS: OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: VARIANCE: Fence 761 Harbin Drive Matthew Tate, Petitioner Mr. McKinney introduced the variance request for a fence height over the required 4’ to encroach into the front setback on a lot that has two street frontages.
Matthew Tate, petitioner, presented the request. He explained that a 4’ fence along Maggie Drive would not allow him to enclose the rear patio. Chairman Knapp opened the floor for public comments. There were no comments, the public hearing was closed. Chairman Knapp opened the discussion for the Board. In their discussion, the BZA could not find an unnecessary hardship related to the land, building, or other structures against application of the Zoning Ordinance. They suggested that the petitioner seek guidance from the City Council to seek relief in the Zoning Ordinance on fences. After no further discussion, the vote was called. Mr. Parker moved to
establish the findings of fact stating that 1) granting of a variance is not in harmony with the intent and purposes of the zoning ordinance. Mr. Barrett seconded the motion. The motion to approve the findings of fact passed unanimously.
After no further discussion, the vote was called. Mr. Parker moved to deny the request to allow a fence (6’) forward the front building line based on the approved finding of fact. Mr. Wynn seconded the motion.
The motion to deny passed unanimously.
Approved 5/13/2025
Prattville Board of Zoning Adjustment
April 8, 2025 Minutes
Page 2 of 3
VARIANCE: Rear yard encroachment 710 Hamilton Lane Angela & Ronald Stokes, Petitioners Ms. Hudson introduced the variance request to allow an enclosed patio to encroach into the required 30’ rear yard setback. Ronald and Angela Stokes, petitioners, presented the request. They stated that the patio was enclosed at
the time the house was built with intentions of enclosing it at a later time. Mr. Stokes stated that he spoke with his neighbor who had no objections.
Chairman Knapp opened the floor for public comments. There were no comments, the public hearing was closed.
Chairman Knapp opened the discussion for the Board. Mr. Barrett moved to establish the findings of fact stating that 1) special conditions and circumstances do not exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the zoning ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning ordinance; and 3) that granting of a variance will confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district. Mr. Parker seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Wynn moved to deny the request to encroach into the rear yard setback based on the approved findings of fact. Ms. Johnson seconded the motion. The
motion to deny passed unanimously. VARIANCE: Side yard encroachment 114 Richmond Way Angela & David Miller, Petitioners
Ms. Hudson introduced the variance request to allow a carport to encroach into the required 10’ side yard setback. A similar carport previously existed on the property, but was removed due to weather-related damage. David and Angela Miller, petitioners, presented the request. They stated that the proposed carport will be similar to the previously one that was damaged. Mr. Stokes stated that the carport had been destroyed over 15 years, but previous owners did not replace it. Chairman Knapp opened the floor for public comments. There were no comments, the public hearing was closed.
Chairman Knapp opened the discussion for the Board. Ms. Johnson moved to establish the findings of fact stating that 1) granting of a variance is in harmony with the intent and purposes of the zoning ordinance; and 2) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Wynn seconded the motion. The motion to approve the findings of fact passed unanimously.
After no further discussion, the vote was called. Chairman Knapp moved to approve the request to encroach into the side yard setback based on the approved findings of fact. Mr. Wynn seconded the motion. The motion to approve passed unanimously.
Approved 5/13/2025
Prattville Board of Zoning Adjustment
April 8, 2025 Minutes
Page 3 of 3
MINUTES: Mr. Parker moved to approve the minutes of the March 17, 2025 special meeting. The motion to approve passed unanimously. Miscellaneous ADJOURN: After no further comments, questions, or discussion the meeting was adjourned.
Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
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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”
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
Page 3 of 3
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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:
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
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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.”
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;
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
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