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1812 December 11Planning & 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 December 11, 2018 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Crosby, and Mrs. Jerry Schannep. Election of Officers: Minutes: September 11, 2018 Old Business: None New Business: 1. 181211-01 VARIANCE: To place an accessory structure in the side yard. 132 Woodland Acres Drive R-3 Zoning District (Single Family Residential) Albert Striplin, Petitioner District 1 2. 181211-02 VARIANCE: To allow accessory structures that will be more than 50% of the main structure. 127 Oakland Drive R-2 Zoning District (Single Family Residential) Shelia J. Elliott, Petitioner District 6 Miscellaneous: Adjourn Approved 1/8/19 Prattville Board of Zoning Adjustment December 11, 2018 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment Minutes December 11, 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, December 11, 2018. ROLL CALL: Present: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Crosby, and Mrs. Jerry Schannep. Absent: None. Also present was alternate member, Mr. Neal Parker. Quorum Present Staff present: Mr. Scott Stephens, City Planner; Mr. Austin Brass, Senior 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. Crosby moved to approve the minutes of the September 11, 2018 meeting. Mr. Miles seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: VARIANCE To place an accessory structure in the side yard. 132 Woodland Acres Drive R-3 Zoning District (Single Family Residential) Albert Striplin, Petitioner Mr. Brass introduced the request for a variance to allow an accessory structure in the side yard of the property at 132 Woodland Acres Drive. He stated that upon further review of the application, with an existing 2000 ft2 accessory structure located on the property, the proposed 2400 ft2 accessory structure would exceed 50% of the total floor area of the 5686 ft2 main structure. He stated that consideration should be given to the uniqueness of the lot. Although it is zoned R-3, the structure is on a 4 acre lot. Albert Striplin, petitioner, presented the request to allow an accessory structure in the side yard of the property at 132 Woodland Acres Drive. He presented a map detailing the surrounding properties. He stated that the proposed structure will be located where a previous shade cloth operation was located. He stated that he is developing a botanical garden which he started back in 2004 and needs a place to store garden equipment. He stated that the rear property slopes and there is a steep bluff and septic tank located there which makes it impossible to locate the structure in the rear. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. Chairman Jamieson opened discussion for the board. After discussion from the board, the vote was called. Mr. Miles moved to establish the findings of fact stating that 1) a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Crosby seconded the motion. Approved 1/8/19 Prattville Board of Zoning Adjustment December 11, 2018 Minutes Page 2 of 3 The motion to approve the findings of fact passed unanimously. The vote was called. Mr. Crosby moved to approve the request as submitted based on the approved findings of fact. Mr. Parker seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance to allow an accessory structure in the side yard of the property at 132 Woodland Acres Drive. VARIANCE To allow accessory structures that will be more than 50% of the main structure. 127 Oakland Drive R-2 Zoning District (Single Family Residential) Shelia J. Elliott, Petitioner Mr. Brass introduced the request for a variance to allow that will be more than 50% of the main structure on property at 127 Oakland Drive. He stated that a previous accessory structure was removed and the petitioner wants to replace with a larger 32x26 structure. Sheila Elliott, petitioner, presented the request to allow an accessory structure that will be more than 50% of the main structure on property at 127 Oakland Drive. She stated that the previous structure was torn down because it was infested with termites. The proposed metal structure will be located next to an existing garage. She stated that the water will run to the rear of the property. She stated that a smaller unit would not allow her to store all her vehicles in it. She stated that she spoke with her neighbor next to her and they had no objections. Chairman Jamieson opened the public hearing. William Emerson, 126 Oakland Drive, spoke in favor of the request. After no further public comments, the public hearing was closed. Chairman Jamieson opened discussion for the board. After discussion from the board, the vote was called. Mr. Miles moved to establish the findings of fact stating that 1) the granting of a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Crosby seconded the motion. The motion to approve the findings of fact passed unanimously. The vote was called. Mr. Parker moved to approve the request as submitted based on the approved findings of fact. Mr. Crosby seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance to allow an accessory structure that will be more than 50% of the main structure on property at 127 Oakland Drive. MISCELLANEOUS: Chairman Jamieson acknowledged the newly appointed Planning Director, Mr. Scott Stephens. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:00 p.m. Approved 1/8/19 Prattville Board of Zoning Adjustment December 11, 2018 Minutes Page 3 of 3 Respectfully submitted, Alisa Morgan, Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report DATE: 12/3/18 CASE FILE NUMBER: 181211-01 APPLICATION TYPE: Variance PROPERTY LOCATION or DESCRIPTION: 132 Woodland Acres Drive PETITIONER(S) AND AGENT(S): Albert Striplin ZONING DISTRICT(S) R-2 (Single Family Residential) REQUESTED ACTION: Variance to place an accessory structure in the side yard. ZONING ORDINANCE REFERENCE: Article 7. District Requirements. Appendix A-Zoning Ordinance Section 68 Definitions; 71 Residential District Requirements Accessory structure. Any detached minor building in the rear of the main building consisting of masonry or frame walls and roof, one (1) or two (2) stories in height, necessary as an adjunct to the use or occupancy of a principal or main structure. Yard, rear. The yard extending across the entire width of the lot between the main building, including covered porches, and the rear lot line. Yard, side. The yard extending along a side lot line, from the front yard to the rear yard, between the main building, including covered porches and carports, and such lot line. R-3 District: Minimum Yard Size Front yard - 25' Rear Yard – 30' Side Yard – 8'/6' Note “A”: A carport, porte-cochere, porch or structure or part thereof as defined in Section 68 hereof, shall be considered as part of the main building and shall be subject to the setback and side yard requirements for the district in which it is located. CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 127 Oakland Drive BZA Application – 181211-02 DATE December 11 th , 2018 PROPOSED DEVLOPMENT Petitioner: Sheila Elliott/Frances Thorn Property Owners: Sheila Elliott/Frances Thorn Agent: Same Location: 127 Oakland Drive Development Status and History Previous Variance Requests/Approvals: No previous variances Conditions of Previous Approvals: N/A Property Configuration Acreage: .73 acres (est. 32,000 square feet) Zoning Classification: R-2, Single Family Residential Relevant Standards: Prattville Zoning Ordinance Section 71— R-2 District Minimum Lot Size: 10,500 square feet Maximum Lot Coverage: 25% Width at Building Line: 60 feet Yard Setbacks: Front: 35’ Rear: 40’ Sides: 10’ Article 7. District Requirements. Appendix A- Zoning Ordinance Section 9 Structures Page 2 of 3 (a) [General.] It is the intent of this ordinance, that there shall be but one (1) main structure on any lot zoned or used for single-family residential purposes; also, accessory structures shall not exceed fifty (50) percent of the total floor area of any main structure. No accessory structure shall be used as living quarters; however, protective shelters may provide temporary living quarters in times of danger or emergency. This section shall not apply to multifamily developments as defined herein. Requested Variance: The petitioner is requesting permission to construct a 32 x 26 (832 sq ft.) accessory structure on said lot exceeding the 50 % floor area of the main structure. Statement of Hardship: (taken from application) “Wanting to replace an existing building 20 x 20 with a 10 x 20 lean to that I had removed due to the lack of maintenance & upkeep that was grandfathered in. As a homeowner I have multiple vehicles, yard tools etc. that I would like to keep out of the weather and keep organized for the appearance of the neighborhood I now live in” PLANNING STAFF EVALUATION Reviewed by: Austin Brass Site Visits Conducted: December 2018 Planning Staff Comments: Per Autauga County tax records, the main structure has a square footage of 1,823 sq ft. with a 24 x 24 (576 sq ft.) detached garage. Based off the main structures square footage, a total of 911 sq ft. dedicated for accessory structures would be permissible. The request to construct an additional 832 sq ft. accessory structure would result in an overall square footage of 1,408 sq ft., exceeding the permissible allowance by 27%. Page 3 of 3 Additional Staff Comments: Board may question petitioner regarding the proposed setback & height of accessory structure. Note, accessory structures have a minimum rear and side lot line setback of 5’, and max height of 35’ is permissible. State code and best practices require the BZA to measure variance requests against several basic standards. Below is the staff opinion regarding the standards and this request. 1. That special conditions and circumstances exist regarding this structure which are applicable to other lands, structures, or buildings in the same R-2 zoning district. 2. 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. 3. The special conditions and circumstances do not result from actions of the applicant. 4. The granting of a variance will not confer a special privilege on the applicant that is denied by the zoning ordinance to other lands, structures, or buildings in the same R-2 district; 5. The granting of a variance is in harmony with the intent and purposes of the zoning ordinance; 6. A variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole; 7. That no non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts was considered as grounds for the issuance of a variance; 8. A variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance in an R-2 district. ATTACHMENTS Location Map A Location Map B CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report DATE: 12/3/18 CASE FILE NUMBER: 181211-02 APPLICATION TYPE: Variance PROPERTY LOCATION or DESCRIPTION: 127 Oakland Drive PETITIONER(S) AND AGENT(S): Sheila Elliott/Frances Thorn ZONING DISTRICT(S) R-2 (Single Family Residential) REQUESTED ACTION: Variance to allow accessory structures that will be more than 50% of the main structure. ZONING ORDINANCE REFERENCE: Article 7. District Requirements. Appendix A-Zoning Ordinance Section 9 Structures (a) [General.] It is the intent of this ordinance, that there shall be but one (1) main structure on any lot zoned or used for single- family residential purposes; also, accessory structures shall not exceed fifty (50) percent of the total floor area of any main structure. No accessory structure shall be used as living quarters; however, protective shelters may provide temporary living quarters in times of danger or emergency. This section shall not apply to multifamily developments as defined herein.