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1802 February 13Planning & 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 February 13, 2018 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Crosby, Mrs. Jerry Schannep and Mr. Mike Temple. Minutes: December 12, 2017 Old Business: None New Business: 1. 180213-01 VARIANCE: To allow a sign close to the road and exceed maximum height and area requirements. 498 Doster Road R-4 Zoning District (Multi Family Residential) American Legion Post #122, Petitioner District 7 2. 180213-02 USE-ON-APPEAL: To allow a home fitness center on property. 902 Red Eagle Road F.A.R. Zoning District (Forest, Agricultural, Recreation) David & Wendy Reichert, Petitioners District 1 3. 180213-03 VARIANCE: To reduce the required frontage landscape setback requirements. Brass Pro Blvd./Rocky Mount Way B-2 Zoning District (General Business) Consolidated Development Services, Petitioner District 5 Miscellaneous: Adjourn Approved 3/13/18 Prattville Board of Zoning Adjustment February 13, 2018 Minutes Page 1 of 4 City of Prattville Board of Zoning Adjustment Minutes February 13, 2018 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:00 p.m. on Tuesday, February 13, 2018. ROLL CALL: Present: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Crosby, Mrs. Jerry Schannep and Mr. Neal Parker. Absent: Mr. Mike Temple. Quorum Present Staff present: Mr. Joel Duke, City Planner and Ms. Alisa Morgan, Secretary. Chairman Jamieson stated the governing rules for the Prattville Board of Zoning Adjustment according to the Code of Alabama, 1975 and the procedure of the meeting. MINUTES: Mr. Parker moved to approve the minutes of the December 12, 2017 meeting. Mr. Crosby seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: VARIANCE To allow a sign close to the road and exceed maximum height and area requirements 498 Doster Road R-4 Zoning District (Multi Family Residential) American Legion Post #122, Petitioner Mr. Duke introduced the request for a variance to allow a sign on the property at 498 Doster Road. He stated that the property is in a residential R-4 zoning district. He stated that the proposed free standing sign exceeds the 6 feet height requirement and 8 feet area requirements for the residential district. Ken Harris of Harris Sign, petitioner’s representative, presented the request for the proposed 4x8 with an attached marquee sign to be placed on the property at 498 Doster Road. He stated that the height is still to be determined, but would like to place it at 12 feet in height. He stated that the aluminum framed illuminated sign will be 10 feet off the road. Jim Pilgrim, petitioner’s representative, stated that the American Legion Post #122 owns the building, but does not own the property. He stated that an existing 6x6 sign will be removed if the proposed sign is approved. Mr. Parker asked why the proposed sign is not the same size and unlit if this is a replacement of the existing sign. Mr. Pilgrim stated that the existing sign can’t be seen. Chairman Jamieson asked Mr. Duke if the sign was grandfathered in the district. Mr. Duke replied that the existing sign is currently non-conforming and is allowed to continue as long as it is unchanged. The replacement sign must conform to the ordinance. Approved 3/13/18 Prattville Board of Zoning Adjustment February 13, 2018 Minutes Page 2 of 4 Mr. Pilgrim stated that the sign will not be continuously lit. It will be off when the business is closed. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. Chairman Jamieson opened discussion for the board. Mrs. Schannep stated that there was not a problem as long as if the sign is far back from the road. The board also discussed placing height restrictions if approval is granted. After no further discussion, Mr. Miles established the finding of facts stating that 1) that granting of a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Crosby moved to approve the finding of facts. Mr. Parker seconded the motion. The motion to approve the fining of facts passed unanimously. The vote was called. Mr. Crosby moved to approve the request as submitted based on the approved finding of facts contingent that the maximum height does not exceed 10’, the size of the sign is no more than 50 square feet and the sign is setback 15 feet from the edge of the road. Mr. Parker seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance to allow a sign close to the road and exceed maximum height and area requirements on property at 498 Doster Road with contingencies. USE-ON-APPEAL To allow a home fitness center on property. 902 Red Eagle Road F.A.R. Zoning District (Forest, Agricultural, Recreation) David & Wendy Reichert, Petitioners Mr. Duke introduced the request for a use-on-appeal to allow a home occupation to operate a home fitness center. He stated that the board should consider if the use is allowed how the potential impacts are to be mitigated. Wendy Reichert, petitioner, presented the request to operate a home fitness center on property located at 902 Red Eagle Road. She stated that the property is a 3 ½ acre lot. She stated that she obtained a state license and did not know she needed a city license. She stated that she currently operates classes with no more than 8. Classes are held on the porch and a clubhouse will be converted to a one on one gym. Chairman Jamieson asked if there were plans for future construction. Mrs. Reichert stated that there are plans to enclose the existing carport, but no plans for expansion. She also stated that she currently have a total of 9-10 clients, no more than 8 in a class. Operation from early as 6:00 a.m. and as late as 7:30 p.m. She stated that there are no additional employees. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. Chairman Jamieson acknowledge a letter of opposition received from Raymond Price, 917 Red Eagle Road. The letter was read by Mr. Miles and made a part of the minutes. Chairman Jamieson offered Mrs. Reichert final comments. She stated that she is not building a fitness center. She is only using her home as is and using what is available there. She stated that all clients Approved 3/13/18 Prattville Board of Zoning Adjustment February 13, 2018 Minutes Page 3 of 4 have to sign up for class, there are no walk-ins permitted. Mr. Duke stated that occupancy load as required by the Fire Department and other factors have to be addressed by building codes and will be reviewed during an occupancy inspection. Chairman Jamieson opened discussion for the board. After no further discussion, Mr. Miles moved to establish the finding of facts stating that 1) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Crosby seconded the motion. A vote was called to approve the finding of facts. The vote passed unanimously. The vote was called. Mr. Crosby moved to approve the request as submitted in application (Attachment B) based on the approved finding of facts contingent that the approval does not ride with the property. Mr. Parker seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal to allow a home fitness center on property at 902 Red Eagle Road with contingencies. VARIANCE To reduce the required frontage landscape setback requirements Brass Pro Blvd./Rocky Mount Way B-2 Zoning District (General Business) Consolidated Development Services, Petitioner Mr. Duke introduced the variance to reduce the required frontage landscape setback requirements on property located at Bass Pro Blvd. He stated that the property is a vacant lot located in High Point Town Center in front of the Bass Pro Shop. The petitioner is not requesting to reduce the material only the front setbacks on Bass Pro Blvd. and Rocky Mount Way. Brian Nebel of Consolidated Development Services (CDS), petitioner’s representatives, presented the request to reduce the required frontage landscape setback requirements. He stated that the owner is requesting a 5 foot landscape setback along Bass Pro Blvd. and a 10 foot landscape setback along Rocky Mount Way. He stated that the proposed reduced setbacks would still provide approximately 40 feet of landscaping between back of curb and parking area along Bass Pro Blvd. and 22 feet along Rocky Mount Way. He stated that required setback on each street frontage would not allow adequate land area to accommodate the proposed restaurant building and the amount of parking required to meet customer demand based on similar prototype buildings. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. Mr. Duke commented that the width of the right-of-way on Bass Pro Blvd. creates a deeper area between the edge of payment and lot line. He stated that the 30’required depth is excessive for this size lot. He also stated that the parking requirements are being met. Chairman Jamieson opened discussion for the board. After no further discussion, Mr. Miles moved to established the finding of facts stating that 1) that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are applicable to other lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the zoning ordinance would 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 not confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district. Mr. Crosby seconded the motion. Approved 3/13/18 Prattville Board of Zoning Adjustment February 13, 2018 Minutes Page 4 of 4 The motion to approve the finding of facts passed by 4/1 vote as recorded. Favor: Mrs. Schannep, Mr. Crosby, Mr. Miles and Chairman Jamieson. Oppose: Mr. Parker. The vote was called. Mr. Crosby moved to approve the request based on the approved finding of facts. Mrs. Schannep seconded the motion. The motion to approve passed by 4/1 vote as recorded. Favor: Mrs. Schannep, Mr. Crosby, Mr. Miles and Chairman Jamieson. Oppose: None. Abstain: Mr. Parker. The BZA voted to approve the variance to reduce the required frontage landscape setback requirements on property on Bass Pro Blvd./Rocky Mount Way. MISCELLANEOUS: Chairman Jamieson announced that he had received letter of resignation from Mr. Mike Temple who recently moved to Florida. He wished him well. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 6:08 p.m. Respectfully submitted, Alisa Morgan, Secretary Board of Zoning Adjustment 1ST ST SELMA HWY DOSTER RD PRATT ST MAPLE ST DOSTER ST DEER TRACE HALLMARK DR QUAIL RUN WATER ST CAROL ST PLETCHER ST PATRICK ST VINDALE RD MOBILE DR HATTY LN MARLETTE DR WINCHESTER WAY IMOGENE ST WEATHERBY TRL FESTIVAL DR CALIBER CRS HILLWOOD RD HUNTING RIDGE RD NEW MOON DR GRAY DR STAKELY DR PARKWOOD DR CRANBROOK DR FLEETWOOD RD SUMMERHILL RD CARDINAL LN CERESA DR SALLY RIDGE RD LASALLE CT JEANETTE DR E BONANZA CT LINA DR S NORTHINGTON ST NEW MOON CT S WASHINGTON ST LOST CREEK LP WINCHESTER CT WILLIAM WOOD DR JASPER LN ANTELOPE CIR FESTIVAL CT FLINTLOCK CLOSE MARLETTE CT CRANBROOK CT PRISCILLA CT REMINGTON WAY MARLETTE DR CRANBROOK DR ^_ AVamriearniccaen Legion Post #122 498 Doster Road Proposed BZADistrict File - Sign 180213-in R-01 4 LOCATION MAP A City Alabama of Prattville R-2 R-4 T-1 B-1 R-3 DOSTER RD SELMA HWY MOBILE DR VINDALE RD PRATT ST 498 494 460 501 465 558 556 554 552 557 559 561 563 565 567 569 105 381 361 355 673 102 104 604 602 327 104 106 510 107 106 103 101 305 339 671 AVamriearniccaen Legion Post #122 498 Doster Road Proposed BZADistrict File - Sign 180213-in R-01 4 LOCATION MAP B City Alabama of Prattville American Variance Legion Post #122 498 Doster Road Proposed BZA File Sign - 180213-in R-4 District 01 ² 1 inch = 100 feet Legend County Tax Parcel INDIAN HILLS RD NORTHINGTON RD RED EAGLE RD ARROWHEAD DR CHOCTAW RIDGE RD WYNFIELD DR NORTHINGTON LN CHOCTAW RIDGE N WYNGATE DR WYNHAVEN DR WYNCOVE WAY WINDRUSH LN BELL LN WYNCHASE DR WYNOAKS DR NOCCALULA CT ^_ Use HomeAppeal on Fitness Center 902 Red Eagle Road Home BZADistrict File Occupation - 180213-02 - FAR LOCATION MAP A City Alabama of Prattville Home Use Fitness on Appeal Center 902 Red Eagle Road Home BZA Occupation File - 180213-- FAR 02 District ² 1 inch = 500 feet F.A.R. R-1 RED EAGLE RD NORTHINGTON RD HIAWATHA CT CHOCTAW RIDGE RD WYNFIELD DR WYNHAVEN DR POCAHONTOS LN 775 907 904 917 919 806 820 902 903 901 914 807 805 803 801 1524 1526 1516 1545 1543 2201 20022001 1542 1538 1528 1514 1522 1070 1062 Us10e69 HomeAppeal on Fitness Center 902 Red Eagle Road Home BZADistrict File Occupation - 180213-02 - FAR LOCATION MAP B City Alabama of Prattville Home Use Fitness on Appeal Center 902 Red Eagle Road Home BZA Occupation File - 180213-- FAR 02 District ² 1 inch = 200 feet Legend County Tax Parcel .... -!" ......-�-=-.. � - . 180213-02 Use-On-Appeal To allow a home fitness center on property. Application Type: Use-On-Appeal City Of Prattville Planning and Development Department 102 W. Main Street Prattville, AL 36067 (334) 361-3614 Fax (334) 361-3677 www.prattvilleal.gov Application Prattville Board of Zoning Adjustment o Variance oAdministrative Appeal Applicant /Agent Information Notarized letter from the property owner is required if agent is used for representation. Name: Wendy Reichert Street Address: 902 Red Eagle Rd. City: Prattville state_A_L ___ Zip : 36067 Phone Number(s): 609-556- 8544 Property Owner Information Name, "t»v'!. =cl \/Jo-J.�""'R�';l:_I, Address of Property Owner:--------------------- City: ______________ State: ______ Zip: __ _ Phone Number: ( >------------------ Property Description County Tax Parcel Number/Legal Description: \'? Olo \;> 0 roo O'Jll. D;tb $ ee. -t-- s Sess.""c.r-.� Re.c.o rd Current Zoning of Property: _____ Physical Address: 'f o;}. l<ed £ a, \e.. �- �s., J.�� /Hoff!-.. Oc.cvea..-ho'1 Proposed Use of Property (generally): Describe Proposed Use or Variance: Po..--ho� o� e."'c...\oseJ. I 65 S I 65 N COBBS FORD RD OLD FARM LN S LEGENDS PKWY VISTA POINT DR REDFIELD RD BASS PRO BLVD HWY 82 BYP E VISTA POINT BLVD LEGENDS DR I 65 N OFF RAMP I 65 S ON RAMP PINNACLE WY PINNACLE PL ROCKY MOUNT RD COBBS FORD ACCESS RD N I 65 N ON RAMP COTTON EXCG I 65 S OFF RAMP PINNACLE RDG SUGAR EXCHANGE PINNACLE LN COBB HILL PL THE EXCHANGE N HOWARD MURFEE DR HIGHLAND RIDGE DR LEGENDS CT LEGENDS DR ^_ BZA File - 180213-03 City Alabama of Prattville Proposed Variance Commercial Bass Development Pro Boulevard Lot 5 - High Plat Point 1A Town Center BZA File - 180213-03 ² 1 inch = 500 feet LOCATION MAP A I 65 S I 65 N COBBS FORD RD LEGENDS PKWY VISTA POINT DR BASS PRO BLVD I 65 S ON RAMP VISTA POINT BLVD I 65 N OFF RAMP PINNACLE WY HWY 82 BYP E PINNACLE PL I 65 N ON RAMP COBBS FORD ACCESS RD N I 65 S OFF RAMP PINNACLE RDG REDFIELD RD PINNACLE LN COBBS FORD ACCESS RD S COBB HILL PL HIGHLAND RIDGE DR PINNACLE PL 592 661 631 601 501 521525 513 555965 585 571577 595 594 590 586588 578580582 560564 524528 512516 550 24829493 2305 27032715 25285072458225862588 2572 2570 2568 2566 2752 2495 2575 2510 2451 2441 2431 2491 24712475 2460 2440 2475 2497 242849284593 2481 24652469 2461 2453 2444 24362440 24282432 24202424 2416 24412445 24332437 24132429 22440091 24082412 2402 2422 2788 2578 2641 27682776278227862790 276727752783 27512747 27552753 27372739 22773335 2731 27092729 2699 2620 2556 2560 25792591 25392557 2525 2550 2519 2553 2585 25732597 2565 2505 2497 2399 23092313 2596 2594 27232590 2569 2584 578 A 2584 A BZA File - 180213-03 City Alabama of Prattville Proposed Variance Commercial Bass Development Pro Boulevard Lot 5 - High Plat Point 1A Town Center BZA File - 180213-03 ² 1 inch = 300 feet Legend ADDRESS_POINTS County Tax Parcel LOCATION MAP B American Variance Legion Post #122 498 Doster Road Proposed BZA File Sign - 180213-in R-4 District 01 ² 1 inch = 400 feet