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1907 July 9Planning & Development Department 102 West Main Street  Prattville, Alabama 36067  334- 595- 0500  334-361-3677 Facsimile p l anning.prattvilleal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A July 9, 2019 4:00pm Call to Order: Roll Call: Chairman James Miles, Vice-Chairman Jerry Crosby, Mr. Charles Knapp, and Mrs. Jerry Schannep. Minutes: May 14, 2019 Old Business: 1. 190611-01 VARIANCE: To replace an existing non-conforming accessory structure encroaching into the required 5’ setback. 345 First Street R-3 Zoning District (Single Family Residential) Ruth Skinner, Petitioner District 1 2. 190611-02 USE-ON-APPEAL: To allow a structure for temporary use. 2091 Fairview Avenue B-4/FAR Zoning Districts (Highway Commercial/Forest Agricultural Recreation) Long Lewis of the River Region, Inc., Petitioner District 3 New Business: 3. 190709-01 VARIANCE: To allow a structure to encroach into the required building setbacks. 458 Ceresa Drive T-1 Zoning District (Mobile Home Subdivision) Lucy Hall, Petitioner District 7 4. 190709-02 VARIANCE: To allow changes to the parking requirements. 410 East Main Street B-2 Zoning District (General Business) The Broadway Group, LLC, Petitioner District 1 5. 190709-03 VARIANCE: To allow a structure to encroach into the required front yard setback. 1122 Geneva Street R-2 Zoning District (General Business) Patrick Briney, Petitioner District 6 Miscellaneous: Adjourn Plan approved by the BZA 7/9/19 CITY OF PRATTVILLE Planning Department Staff Report Board of Zoning Adjustment Variance 190611-01 Page 1 6-11-19 SUMMARY FACTS # Variance 190611-01: PETITIONER: Ruth Skinner PROPERTY OWNER: Same as above SUBJECT SITE: 345 1st Street REQUEST: Accessory structures not meeting 5’ rear yard setback CURRENT ZONING: R-3 (Single-Family Residential) LOCATION: Northeast Corner of 1st & Moncrief Streets FUTURE LAND-USE MAP: Low-Density Residential SURROUNDING LAND North: Prattville Church of Christ Parking (R-3) USES AND ZONING: South: Prattville Kindergarten School (R-3) East: Single-Family Residential (R-3) West: Prattville Church of Christ Parking (R-3) DEVELOPEMNT STATUS & HISTORY: Previous Variance Requests/Approval: No Previous Approvals Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. A Variance of 5’ feet has been requested to allow for an accessory structure and open frame carport attached to the accessory structure within the rear yard. ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Section 71. - Residential district requirements. District Use Regulations Space and Height Regulations All "R" Districts USES PERMITTED: Accessory structures: gardens, playgrounds and parks; public buildings, including public schools and libraries; satellite dishes or discs as herein defined by that ordinance, and no other; and parking of recreational vehicles, as herein defined subject to the or MINIMUM YARD SIZE: For public and semi-public structures: Front Yard: 35 feet; Rear Yard: 35 feet; Side Yard: 35 feet. For accessory structures: Front Yard: 5 feet; Rear Yard: 5 feet. CITY OF PRATTVILLE Planning Department Staff Report Board of Zoning Adjustment Variance 190611-01 Page 2 6-11-19 STAFF ANALYSIS: The applicants request of a proposed accessory structure and is depicted in the attached site plan. This parcel is on a corner lot with no side yard and a limited rear yard space. Moreover, the majority of this lot is taken up by front yard space facing two public streets due the primary structures placement on the lot. The previous accessory structure in which the applicant wishes to replace was a non-conforming use in an R-3 district. With the replacement of this accessory structure in its current footprint, our zoning standards require a 5’ rear yard setback. The petitioner is proposing to replace this accessory structure in its existing footprint at an estimated zero lot line, and also add an additional open frame structure that will serve as a carport up to the front building line of the adjacent house. PLANNING STAFF EVALUATION: Reviewed by: Austin Brass Site Visits Conducted: May ATTACHMENTS A. aerial and property map 322326328330302 324 308 306 306308312314316318 304 325 323 339 346 320 344 310 328 345 321 364 333 328 336 335 323 315 250 307 370 316 361367 355 338 1ST ST PRATT ST E MAIN ST MONCRIEF ST Location Map - Board of Zoning Adjustment - 190611-01 ± Legend ADDRESS POINTS STREETS Selected Parcel Prattville City Limit Tax Parcels 0feet 50 100 200 300 400 1 inch = 100 Feet Agenda Item #1 CITY OF PRATTVILLE Planning Department Staff Report Board of Zoning Adjustment Use On Appeal 190611-02 Page 1 6-11-19 SUMMARY FACTS # Use-On-Appeal 190611-02: PETITIONER: Long Lewis of the River Region, Inc. PROPERTY OWNER: LLRR Properties, LLC SUBJECT SITE: Rear of 2091 Fairview Ave REQUEST: Temporary Use Structure for Car Dealer CURRENT ZONING: B-4 (Highway Commercial) LOCATION: Rear of Northeast corner of Old Farm Lane & Fairview Ave FUTURE LAND-USE MAP: Commercial SURROUNDING LAND North: Vacant Land (FAR) USES AND ZONING: South: Long Lewis Ford Dealership (B-4) East: Vacant Land (B-2) West: Vacant Land (B-4) DEVELOPEMNT STATUS & HISTORY: Previous Requests/Approval: April 14th, 2015; Landscape Variance, Approved Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. A Use on Appeal for the placement of a temporary structure in a Business District, ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Section 72. - Business district requirements. TEMPORARY STRUCTURE: Where such structures shall be used for a period of not to exceed 18 months prior to construction of a permanent structure, which will replace the temporary structure. The owner must give evidence, satisfactory to the Board of Zoning Adjustment, of such owner's good faith and intent to construct or have constructed, a permanent structure. Under no circumstances shall such structures be authorized as a residence or habitation.  Temporary structure referenced from majority business districts for interpretation CITY OF PRATTVILLE Planning Department Staff Report Board of Zoning Adjustment Use On Appeal 190611-02 Page 2 6-11-19 STAFF ANALYSIS: The applicant’s request of a temporary structure is depicted in the attached site plan. This proposed 1350 sq.’ temporary structure will be placed 19’ 3’’ from the front property line and will be used as the office for a proposed Mitsubishi dealership before construction of a permeant building. CONDITIONS OF APPROVAL: Staff recommends the following conditions. If additional conditions are given during the public hearing, they shall be given as conditions and added to the following: 1. That the temporary structure be removed off site in a reasonable time frame that is before the 18 month period. (board may question petitioner about a time frame) 2. That an ingress/egress plan of how vehicles and pedestrians will enter the lot be submitted to the Planning & Development Department before the placement of the temporary structure. 3. That parking area of proposed lot have a surface area other than grass. 4. That no vehicles/ RV’s be parking or stored in the public right-of-way at any time. 5. If a temporary sign/banner is placed, that it be placed according to business zoning standards setback at least 10’ from the front property line facing Old Farm Lane. 6. That northern portion of the parcel be zoned from FAR (Forest, Agriculture, Recreation) to B-4 (Highway Commercial) and with application formally submitted to the Planning & Development Department by September 17th, 2019. PLANNING STAFF EVALUATION: Reviewed by: Austin Brass Site Visits Conducted: June 6th, 2019 ATTACHMENTS A. aerial and property map 2091 I 65 S I 65 N FAIRVIEW AVE OLD FARM LN N SUMMIT PKWY BENSON ST CALUMET PKWY MCQUEEN SMITH RD N RIVERTON DR I 65 N ON RAMP OLD FARM WY I 65 N OFF RAMP COVERED BRIDGE PKWY ASHTON OAK DR MALWEST DR BUSINESS PARK DR OLD RIDGE RD N GLENNBROOKE BLVD MEADOWVIEW LN OVERTON DR BOARDROOM DR ASHTON OAK CT Aerial Map - Board of Zoning Adjustment - 190611-02 ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels 0feet 300 600 1,200 1,800 2,400 1 inch = 600 Feet Agenda Item #2 CITY OF PRATTVILLE Planning Department Staff Report Board of Zoning Adjustment Variance 190709-01 Page 1 7-9-19 SUMMARY FACTS # Variance 190709-01: PETITIONER: Lucy Hall PROPERTY OWNER: Samuel M. Abney SUBJECT SITE: 458 Ceresa Drive REQUEST: Mobile home not meeting 20’ front yard setback CURRENT ZONING: T-1 (Mobile Home Subdivision) LOCATION: End of Ceresa Drive FUTURE LAND-USE MAP: Low-Density Residential SURROUNDING LAND North: Singe-Family Residential (T-1) USES AND ZONING: South: Single-Family Residential/Vacant Lot (T-1) East: Vacant Land (T-1) West: Single-Family Residential/Vacant Lot (T-1) DEVELOPEMNT STATUS & HISTORY: Previous Variance Requests/Approval: No Previous Approvals Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. A Variance of 18’ feet (est.) has been requested to allow for a mobile home to be placed within the front yard setback. ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Section 76. – Mobile home district requirements. (T-1) Mobile Home Subdivision Zoning Standards Minimum Yard Size Minimum Lot Size Permit Use Regulations Front Yard Rear Yard Side Yard Area in Sq. Ft Width building line No person shall park or place a mobile home on any lot herein provided without first obtaining a permit from the City. The minimum fee for such permit shall be twenty-five dollars ($25.00). USES PERMITTED: Mobile home for single- family dwelling 20’ 10’ 10’ one side, 6’ other side 6,500 60’ CITY OF PRATTVILLE Planning Department Staff Report Board of Zoning Adjustment Variance 190709-01 Page 2 7-9-19 STATEMENT OF HARDSHIP FROM APPLICANT: “It should not have been setup without a permit. I own the property all around it so I don’t see any reason it’s not alright where it sits. Even though it’s not set up where we would like to have it, I think it will be fine where it is”. STAFF REVIEW: On May 14th, 2019, the City of Prattville Planning & Development Department received a Manufactured Home Installation permit for a mobile home at 458 Ceresa Drive. It is always standard that a permit be approved before the placement of any mobile home. The mobile home in question was placed prior to receiving permit approval. Upon further review, staff had observed that the mobile home did not meet the Mobile Home Subdivision front yard setback requirement of 20’. It was of initial concern that the mobile home could have possibly been placed in the public right-of-way, however it was later verified that the mobile home was estimated to be 2’ off of the front property line. It was noted to the property owner that Ceresa Drive had a 30’ pavement width, with a 10’ right-of-way on both sides, and that the front property line did not begin at the pavement of Ceresa Drive. It should be of consideration that there be a unique circumstance to why this mobile home should be placed in its current location not meeting the 20’ front yard setback. Per the applicant’s statement of hardship, owning the property all around it would not merit a legitimate hardship. A unique topographic variation of the land unique among neighboring parcels could hold standing as hardship. PLANNING STAFF EVALUATION: Recommendation: Consideration given by the board that a hardship of mobile home placement does exist at this location. Reviewed by: Austin Brass, Senior Planner Site Visits Conducted: May & June 2019. ATTACHMENTS A. aerial and property map LINA DR ABNEY DR CAROL ST SHADY HILL RD SUMMERHILL RD CERESA DR IMOGENE ST MARLETTE DR LAWRENCE ST PELHAM LN ANN CT Aerial Map - Board of Zoning Adjustment - 458 Ceresa Drive ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels 0feet 125 250 500 750 1,000 1 inch = 250 Feet LINA DR CERESA DR PELHAM LN WILLIAM WOOD DR WILLIAM WOOD CT Location Map - Board of Zoning Adjustment - 458 Ceresa Drive ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels 0feet 50 100 200 300 400 1 inch = 100 Feet LINA DR ABNEY DR CERESA DR SUMMERHILL RD SHADY HILL RD MARLETTE DR PELHAM LN CAROL ST WILLIAM WOOD DR T-1 R-2 F.A.R. Zoning Map - Board of Zoning Adjustment - 458 Ceresa Drive ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels R-2 T-1 F.A.R. 0feet 100 200 400 600 800 1 inch = 200 Feet CITY OF PRATTVILLE Planning Department Staff Report Board of Zoning Adjustment Variance 190709-03 Page 1 7-9-19 SUMMARY FACTS # Variance 190709-03: PETITIONER: The Broadway Group LLC. PROPERTY OWNER: Pearson Rope, LLC SUBJECT SITE: 410 East Main Street REQUEST: To reduce the number of parking stalls required by Ordinance CURRENT ZONING: B-2 General Business LOCATION: South side of East Main Street FUTURE LAND-USE MAP: Mixed-Use- Commercial SURROUNDING LAND North: Commercial (M-1) USES AND ZONING: South: Single-Family Residential (B-2 & T-1) East: Commercial/ Single-Family Residential (B-2 & T-1) West: Commercial/ Single-Family Residential (B-2 & R-3) DEVELOPEMNT STATUS & HISTORY: Previous Variance Requests/Approval: No Previous Approvals Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. A Variance of 59 parking stalls has been requested to reduce the number of parking stalls from 94 required by Ordinance to 35 parking stalls. ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Article 11. –Business Parking Requirements Article 11, City of Prattville Parking Requirements Retail Sales or service establishment not elsewhere specified Three (3) spaces per first fifteen hundred (1500) square feet of gross floor area plus one space per one hundred (100) square feet of gross floor area. STATEMENT OF HARDSHIP FROM APPLICANT: “94 parking stalls will not fit on our proposed 1.97 acre lot as we have to maintain a 30’ buffer from the ditch to our west and allow room for associated parking for our site and allow room for detention”. CITY OF PRATTVILLE Planning Department Staff Report Board of Zoning Adjustment Variance 190709-03 Page 2 7-9-19 STAFF REVIEW: A freestanding retail store is being proposed on an undeveloped 1.97 acre lot with the intention to be subdivided at 410 East Main Street. In addition, the retail store will be located in a B-2 Zoning District that does permit this use by right. Within the applicant’s submittal, the proposed building will have a gross floor area of 10,566 sq. ft., thus requiring 94 parking stalls as referenced in Article 11, Parking Requirements. The applicant is seeking relief from this parking requirement by a reduction of 59 parking stalls with an overall proposal of 35 stalls. RECOMMENDED CONDTIONS OF APPROVAL: 1. Proposed building façade have no visible metal siding and include architectural details that create visual interest such as windows, false windows, vertical elements/pilasters, different materials, colors, or textures. 2. A continuation of the design theme from the façade to the visible portions of the sides an adequate distance to provide a pleasing appearance and avoid an abrupt transition at the building corners. 3. If awning is provided, no visible metal surfaces. 4. Building sign be externally lit, and freestanding sign have elements that match the building façade and be externally lit. PLANNING STAFF EVALUATION: Recommendation: Approval contingent upon conditions of approval. Reviewed by: Scott Stephens, Planning Director; Austin Brass, Senior Planner Site Visits Conducted: May & June 2019. ATTACHMENTS A. Aerial zoning and property map E MAIN ST PRATT ST 1ST ST WATER ST DOSTER ST HALLMARK DR NEW MOON DR MONCRIEF ST S NORTHINGTON ST DOSTER RD PARKWOOD DR E 3RD ST KNOB HILL RD NEW MOON CT WATER ST Aerial Map - Board of Zoning Adjustment - 410 East Main Street ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels 0feet 150 300 600 900 1,200 1 inch = 300 Feet E MAIN ST PRATT ST NEW MOON DR 1ST ST NEW MOON CT PARKWOOD DR Location Map - Board of Zoning Adjustment - 410 East Main Street ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels 0feet 75 150 300 450 600 1 inch = 150 Feet E MAIN ST PRATT ST 1ST ST WATER ST DOSTER ST HALLMARK DR NEW MOON DR MONCRIEF ST S NORTHINGTON ST DOSTER RD PARKWOOD DR E 3RD ST KNOB HILL RD NEW MOON CT WATER ST R-3 T-1 M-1 R-2 R-2 R-2 B-2 R-4 B-2 O-1 Zoning Map - Board of Zoning Adjustment - 410 East Main Street ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels R-2 R-3 R-4 B-2 O-1 M-1 T-1 0feet 150 300 600 900 1,200 1 inch = 300 Feet Planning & Development Department 102 West Main Street  Prattville, Alabama 36067  334- 595- 0500  334- 361-3677 Facsimile planning.prattvilleal.gov TO: Board of Zoning Adjustment FROM: Thea Langley, HPC Chair DATE: July 9, 2019 RE: Historic District Expansion The Historic Preservation Commission has been is discussion with the Mayor, Council, and staff about the possibility of expanding the boundaries of the historic district. The proposal is to expand the historic district along Main Ave eastward, from near Northington Street to the overpass of the railroad. The HPC’s goal is to protect the historic character of our preferred community. Please be mindful of this when considering any requests before the BZA in this area. Thank you for all you do for our great city! CITY OF PRATTVILLE Planning Department Staff Report Board of Zoning Adjustment Variance 190709-03 Page 1 7-9-19 SUMMARY FACTS # Variance 190709-03: PETITIONER: Patrick Briney PROPERTY OWNER: Same as above SUBJECT SITE: 1122 Geneva Street REQUEST: To place an attached carport addition within the front yard setback CURRENT ZONING: R-2: Single-Family Residential LOCATION: Northwest corner of Oates Rd & Geneva St. FUTURE LAND-USE MAP: Low-Density Residential SURROUNDING LAND North: Single-Family Residential (R-2) USES AND ZONING: South: Single-Family Residential (R-2) East: Single-Family Residential (R-2) West: Single-Family Residential (R-2) DEVELOPEMNT STATUS & HISTORY: Previous Variance Requests/Approval: September 9th, 2014: BZA request denied, accessory . structure in side yard setback. Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. A Variance has been requested to allow for an attached carport to be placed within the 35’ front yard setback. ZONING ORDINANCE REFERENCED: The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below: Section 71. – Residential district requirements. (R-2) Residential District Zoning Standards Minimum Yard Size Minimum Lot Size Maximum Height/ Area Use Regulations Front Yard Rear Yard Side Yard Area in Sq. Ft Width building line 35 feet of 2 ½ stories Max Building Area: 25% USES PERMITTED: Single-family dwellings 35’ 40’ 10’ 10,500 75’ CITY OF PRATTVILLE Planning Department Staff Report Board of Zoning Adjustment Variance 190709-03 Page 2 7-9-19 STATEMENT OF HARDSHIP FROM APPLICANT: “Request carport so that we can get in and out cars without getting wet. We are both disabled and cannot move quickly”. STAFF REVIEW: On March 26th, 2019, the City of Prattville Planning & Development Department received a permit application for a carport at 1122 Geneva Street. Staff denied the permit on April 1st, 2019 due to the fact that it extended into the 35’ front yard setback per R-2 Zoning. A formal comment letter was given to Mr. Briney stating the reasons for this permit denial. On May 31st, 2019, a stop work order was given by planning staff, as the carport addition had been partially constructed as shown in the permit site plan that was previously denied on April 1st, 2019. The subject site serves as a corner lot; therefore, there are two front yard setbacks facing both Geneva Street & Oates Road. The primary structure is built to current R-2 zoning standards, having a 35’ setback from the front property line facing both streets. The applicant has constructed this carport addition encroaching into the 35’ front yard setback facing Geneva Street. Per the applicant’s statement of hardship, having a carport placed here without getting wet would not merit a legitimate hardship. A unique lot dimension or topographic variation could be considered hardship that would not be self- induced by the property owner. PLANNING STAFF EVALUATION: Recommendation: Consideration given by the board that a hardship for the proposed carport addition is warranted as presented. Reviewed by: Austin Brass, Senior Planner Site Visits Conducted: May & June 2019. ATTACHMENTS A. aerial and property map OATES RD GENEVA ST DERAMUS ST PERRYDALE LP JOSEPHINE CT FAULK AVE BEVERLY AVE JOSEPHINE AVE VIRGINIA ST DERAMUS CT PAIGE CT CLARA ST Aerial Map - Board of Zoning Adjustment - 1122 Geneva Street ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels 0feet 100 200 400 600 800 1 inch = 200 Feet OATES RD GENEVA ST BEVERLY AVE PERRYDALE LP PERRYDALE LP Location Map - Board of Zoning Adjustment - 1122 Geneva Street ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels 0feet 50 100 200 300 400 1 inch = 100 Feet OATES RD GENEVA ST DERAMUS ST PERRYDALE LP JOSEPHINE CT FAULK AVE BEVERLY AVE JOSEPHINE AVE VIRGINIA ST DERAMUS CT PAIGE CT CLARA ST R-2 B-1 B-2 R-6 Zoning Map - Board of Zoning Adjustment - 1122 Geneva Street ± Legend STREETS Selected Parcel Prattville City Limit Tax Parcels R-2 R-6 B-1 B-2 0feet 100 200 400 600 800 1 inch = 200 Feet