1706-June 13
Planning & Development Department
102 West Main Street Prattville, Alabama 36067 334-595-0500 334-361-3677 Facsimile
planning.prattvilleal.gov
CITY OF PRATTVILLE
BOARD OF ZONING ADJUSTMENT
A G E N D A
June 13, 2017
4:00pm
Call to Order:
Roll Call:
Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Jerry Crosby, and Mrs. Jerry Schannep.
Minutes:
May 9, 2017
Old Business:
None
New Business:
1. 170613-01 VARIANCE:
To allow changes to the frontage landscaping requirements.
814 East Main Street
B-2 Zoning District (General Business)
Miller-Lubinger Partners, LLC/Steve & Lori Walter, Petitioners
District 6
2. 170613-02 USE-ON-APPEAL:
To allow a temporary structure for 18 months.
1208 South Memorial Drive
B-2 Zoning District (General Business)
Carl Brown, Petitioner
District 6
Miscellaneous:
Adjourn
Approved 7/11/17
Prattville Board of Zoning Adjustment
June 13, 2017 Minutes
Page 1of 3
City of Prattville Board of Zoning Adjustment
Minutes
June 13, 2017
CALL TO ORDER:
The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice-
Chairman James Miles at 3:59 p.m. on Tuesday,June 13, 2017.
ROLL CALL:
Present:Vice-Chairman James Miles,Mr. Gerald Cimis,Mrs. Jerry Schannep,Mr.Jerry Crosby and
alternate member, Mr. Neal Parker.Absent:Chairman Leo Jamieson.
Quorum Present
Staff present:Mr. Joel Duke, City Planner and Ms. Alisa Morgan, Secretary.
Vice-Chairman Miles 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 May 9, 2017 meeting.Mr. Crosby seconded the motion.
The motion passed unanimously.
OLD BUSINESS:
There was no old business to discuss.
Vice-Chair Miles changed the order that the agenda items were heard.
NEW BUSINESS:
USE-ON-APPEAL:
To allow a temporary structure for 18 months.
1208 South Memorial Drive
B-2 Zoning District (General Business)
Carl Brown, Petitioner
Mr. Duke introduced the request to allow a temporary structure at 1208 South Memorial Drive. He
stated that the property is zoned B-2 and is allowed for 18 months as a trial basis given that within that
time a permanent structure is planned. He stated that the proposed use is allowed. Site requirements
will have to be met. He stated that basic improvements will be required.
Carl Brown, petitioner, presented his request for a temporary use at 1208 South Memorial Drive. He
stated that he purchased the property almost two years ago. He proposed to place a 40’x60’ building
on the property which will also comprise of a bay area, office, automotive detail car wash and tire
shop. He stated that he wants to operate a permanent site and the temporary use will allow him to
operate until the process is complete.
Mr. Cimis stated that although a temporary use may be extended beyond the 18 months upon request,
approval is not guaranteed.
Vice-Chair Miles opened the public hearing. There were none to speak. The public hearing was
closed.
Vice-Chair Miles opened discussion for the board. Mr. Cimis stated that the request was consistent
with other approved uses for a temporary structure.
Approved 7/11/17
Prattville Board of Zoning Adjustment
June 13, 2017 Minutes
Page 2of 3
After no further discussion, a vote was called. Mr. Cimis moved to establish the finding of facts. 1)
The proposed use is in the public interest and meets the spirit of the City of Prattville Zoning
Ordinance; and 2) the proposed temporary structure will not cause substantial adverse impact to
adjacent or nearby properties or uses. Mrs. Schannep seconded the motion.
The motion to approve the finding of facts passed unanimously.
Mr.Cimis moved to approve the request based on the approved finding of facts. Mr.Crosby seconded
the motion.
The motion to approve passed unanimously.
The BZA voted unanimously to approve the use-on-appeal to allow a temporary structure for 18
months on property at 1208 South Memorial Drive.
VARIANCE
To allow changes to the frontage landscaping requirements.
814 East Main Street
B-1 Zoning District (Neighborhood Business)
Miller-Lubinger Partners, LLC/Steve & Lori Walter, Petitioners
Mr. Duke introduced the request for a variance to the landscape requirements at 814 East Main Street
for redeveloped as a drive-through coffee shop.He stated that the property,initially platted in the
early 1950’s as Lots 4 and 5 of Block 2 in the Pratt-Mont Subdivision,was originally 100 feet wide
and 160.5 feet deep. Since it’s platting, portions of the lot have been acquired for the realignment of
Davis Street and the widening of E. Main Street (previously U. S. 82 and AL Highway 14).He stated
that the proposed redevelopment plan shows required landscaping on both the Davis Street and E.
Main Street frontages. On the Davis Street frontage, the proposed depth is 7 feet. On the East Main
Street side, the required 10 feet depth is met, but most of the area reserved for actual frontage
landscaping is occupied by driveways.
Mrs. Schannep asked if the existing Waffle House building would be removed along with the Dunn’s
Florist structure. Mr. Duke confirmed that three structures would be removed from the lot as owned
by the Walters but there is no clear plan for the Waffle House lot. He stated that the new development
will have access to the adjacent lot to the east for cross access.
Mr. Cimis inquired about the green space as shown in Attachment C of the staff report (Staff Report
170613-01). Mr. Duke stated that the green areas represents the required landscaping that would be
met with trees and shrubs and the pink areas represents an addition green area on the public right of
way that will be grassed.
Steve Walter,property owner,stated that the he has work with the city departments to meet the
landscape requirements on the lot. He presented site plan of the proposed development. He stated that
there will be no dine-in seating, drive-through only.
Vice-Chairman Miles opened the public hearing.
Gene Hall, 206 Stewart Street, spoke in favor of the request.
After no further comments, the public hearing was closed.
Mr. Duke addressed access questions stating that the crossover does not line up with the present
Waffle House driveway. The proposed plan closes access to the Waffle House and combines it with
the service station access and lines it up with the crossover. It provides many ways in/out.
Vice-Chair Miles opened discussion for the board. Mr. Cimis stated that the request was consistent
Approved 7/11/17
Prattville Board of Zoning Adjustment
June 13, 2017 Minutes
Page 3of 3
with previous approvals and has a valid hardship.
Mr. Crosby stated that this is a welcomed addition. It is an improvement to the existing site.
Mr. Parker stated that a right turn only should be considered to help control traffic flow.
Mrs. Schannep stated that this is an asset to the area.
Vice-Chair Miles agreed with Mr. Parker that a right turn only should be considered.
The vote was called. Mr. Cimis moved to establish the finding of facts:1)Special conditions exist
regarding the request which are not applicable to other lands, structures, or buildings in the same B-1
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; 3)the granting of a variance is in
harmony with the intent of the zoning ordinance; 4) a variance will not allow the establishment of a
use prohibited under the terms of the zoning ordinance in a B-1 district. Mr. Crosby seconded the
motion.
The motion to approve the finding of facts passed unanimously.
Mr. Cimis moved to approve the request based on the finding of facts contingent that the applicant
work with the Planning Department on a mutual solution to the landscaping and green space areas.
The BZA voted unanimously to approve the variance request to allow changes to the frontage
landscaping requirements with contingency.
The BZA voted to approve the variance to allow changes to the frontage landscaping requirements
contingent that the applicant work with the Planning Department on a mutual solution to the
landscaping and green space areas on property at 814 East Main Street.
MISCELLANEOUS:
ADJOURN:
After no further comments, questions or discussion the meeting was adjourned at 4:59 p.m.
Respectfully submitted,
Alisa Morgan,Secretary
Board of Zoning Adjustment
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
DATE:5/24/17
CASE FILE NUMBER:170613-02
APPLICATION TYPE:Use-On-Appeal
PROPERTY LOCATION
or DESCRIPTION:
1208 South Memorial Drive
PETITIONER(S) ANDAGENT(S):Carl Brown
ZONING DISTRICT(S)B-2 (General Business)
REQUESTED ACTION:To allow a temporary structure for 18 months.
ZONING ORDINANCE
REFERENCE:
Appendix A-Zoning Ordinance Section 72 Businessdistrictrequirements:
TEMPORARY STRUCTURES:
Where such structures shall be used for a period of not to exceed18 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 suchowner's good faith and intent to construct or have constructed a
permanent structure. Under no circumstances shall suchstructures be authorized as a residence or habitation.
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
VARIANCE Proposed Redevelopment – Drive-Through
Coffee Restaurant
814 East Main Street
BZA Application – 170613-01
DATE June 11, 2017
PROPOSED DEVLOPMENT
Petitioner: Miller-Lubinger Partners, LLC/Steve & Lori Walter
Property Owners: Miller-Lubinger Partners, LLC
Agent: N/A
Location: 814 East Main Street – south side of street, east of Loder
Street. Site also encompasses address 711 Davis Street
Development Status and History
Previous Variance
Requests/Approvals:
N/A
Conditions of Previous
Approvals:
N/A
Property Configuration
Acreage: Approximately 0.27 acres (11,731 square feet)
Zoning Classification:
B-1, Neighborhood Business
Relevant District
Standards:
Zoning Ordinance, Article 13
Section 142. - Scope of application.
The provisions of this article shall apply to all commercial,
industrial, multi-family residential and public
developments within the corporate limits of the city.
(a) General requirements: Any off-street parking
area (or system of parking areas) shall be
Page 2 of 6
constructed in accordance with the requirements of
this article. The landscaping criteria shall be as
defined in the following table:
Type of Landscaping
Number of Spaces
in; Parking Lot Foundation Frontage Perimeter Interior
20 or fewer spaces X X
21—39 spaces X X X
40 or more spaces X X X X
Site abutting a
residential district (in
addition to number of
spaces)
X
(See
Section
145.b.)
… (c) Existing off-Street parking areas: An off-street
parking area that is in existence at the time this article is
adopted and does not conform to the provisions of this
article shall be a legal non-conforming use. The parking
area may continue as a legal non-conforming use until
such time as concrete or asphalt is added to increase its
parking capacity to greater than that on the adoption date
of this article. At that time, the entire off-street parking
area must be brought into conformity with the
requirements of this article. However, the requirements of
this article shall not be used to reduce the amount of
parking required by the Zoning Ordinance of the City of
Prattville. Where a legal non-conforming use must be
brought into compliance with this article and the lot size
does not permit the amount of required parking and
landscaping, the Administrator shall approve a
landscaping plan that as closely as possible meets the
requirements of this article. The Administrator may
reduce the required landscaping components defined in
Section 145 in the following order: interior, foundation,
perimeter and frontage. Reductions below fifty (50)
Page 3 of 6
percent of required landscaping shall require a variance
from the Board of Zoning Adjustment.
Section 145 - General Site and Off-Street Parking
Area Landscaping Requirements.
Landscaping of development sites and off-street
parking areas shall be of four (4) types as described
below and shall conform to landscape plans submitted
and approved in accordance with the requirements of
this section.
(a) Frontage landscaping and foundation planting
requirements. Frontage landscaping shall require a
landscaped strip with a minimum ten-foot depth along
all adjacent public rights-of-way. Frontage landscaping
shall include a minimum of one (1) tree and six (6)
shrubs per full forty (40) linear feet of the frontage strip;
shrubs are optional in areas where a berm at least four
(4) feet in height is used, Trees and shrubs shall be well
distributed, though not necessarily evenly spaced.
…. A lot with less than one hundred fifty (150) feet
frontage and adjacent to a right-of-way shall have a
frontage strip depth of ten (10) feet; a lot with one
hundred fifty (150) feet to two hundred fifty (250) feet
frontage shall have a frontage strip depth of twenty (20)
feet; a lot with over two hundred fifty (250) feet frontage
shall have a frontage strip depth of thirty (30) feet
…. Foundation planting shall require a landscaped bed
with a minimum depth of five (5) feet along the front of
the primary structure. The bed shall contain shrubs, or
other greenery with a minimum height of twenty-three
(23) inches and a maximum spacing of four (4) feet.
Greenery shall be planted within a bed of mulch or
ground cover other than turf grass, and be protected by
some barrier from damage by vehicles and
maintenance equipment. Greenery shall be well
distributed through not necessarily evenly spaced.
Requested Variance:
Effective variance as re-stated by staff (see application for
applicant statement):
Page 4 of 6
1. Modification of required 10’ frontage landscaping
setback on the Davis Street frontage – reduction to
7.5 feet.
2. Modification of required 10’ frontage landscaping
on E. Main Street frontage – reduction of vertical
landscaping (trees and shrubbery) due to area
required for driveways.
Statement of Hardship:
(taken from application)
“The property was originally zoned residential in the
1960’s and is now zoned B-2 (should be specified as B-1).
We have had numerous meetings with Mr. Joel Duke,
Prattville City Planner, and Robby Anderson, Prattville City
Engineer, to review and revise various layouts to
accommodate the traffic flow and use of this small piece
of property. We have tried 12 different layouts, including
orientation of the building and various traffic flow options
for the driveway, to accommodate needed space for this
business.”
PLANNING STAFF EVALUATION
Reviewed by: Joel T. Duke, AICP
Site Visits Conducted: Several visits since February 2017
Recommendation: Approval with conditions – recommend requiring
maintenance of grass in right-of- way where installation is
possible and appropriate. Design final site plan to create as
much “green” area as possible.
While a special privilege is confirmed on the applicant, the
overall spirit of the ordinance is maintained. The requested
variance maintains the viability of the lot for redevelopment.
Planning Staff Comments:
The applicant has approached the City of Prattville about the redevelopment of the
subject property and the adjacent 824 E. Main Street. The proposed redevelopment calls
Page 5 of 6
for the demolition of all existing structures. The applicant proposes the redevelopment of
814 E. Main Street (formerly Dunns Florist) as a drive-through coffee house. Initially
platted in the early 1950’s as Lots 4 and 5 of Block 2 in the Pratt-Mont Subdivision, the
property was originally 100’ wide and 160.5’ deep. Since it’s platting, portions of the lot
have been acquired for the realignment of Davis Street and the widening of E. Main Street
(previously U. S. 82 and AL Highway 14). Today the remaining lot is only 96’ wide and
96’ deep. The existing building sits between 5’ and 10’ from the property line and 65’ from
the edge of pavement, therefore most of the existing parking for the existing building is
located in the public right-of-way. The proposed redevelopment has a smaller footprint
than the existing structures and is able to meet the district setback and parking
requirements. The proposed redevelopment plan shows required landscaping on both the
Davis Street and E. Main Street frontages. On the Davis Street frontage, the proposed
depth is 7’. On the East Main Street side, the required 10’ depth is met, but most of the
area reserved for frontage landscaping is occupied by driveways. Section 142,
subsection (c) of the City’s zoning ordinance allows the zoning administrator some
discretion to accommodate modifications to non-conforming sites. By removing the
existing structure, redevelopment of the site is considered a new development and
subject to the city’s current standards.
The submitted development plan reduces the portion of the overall site covered by
structures and shifts the new building away from the E. Main Street and Davis Street
frontages. Due to the nature of the proposed development, driveways and drive through
que lines are necessary. The proposed development improves the driveway locations to
meet current guidelines for width and distance from intersections. In addition, the new
development will have access to the adjacent lot for cross access. Based on the number
of required and offered parking spaces the new use is required to provide space for
frontage (street property line) and foundation (against the building) landscaping. The
submitted site plan provides setbacks and materials to meet all landscaping standards
except the 10’ setback on the west property lines (Davis Street) and the area devoted to
landscaping the East Main Street frontage. On Davis Street, the frontage setback within
the property lines is 7’. On East Main Street, the frontage setback meets the 10’ depth,
but a majority of the frontage is used for driveways and drive through lanes. The applicant
is requesting a variance allowing for the reduced setback on Davis Street and reduced
area on the E. Main Street frontage.
Given the reduced lot size and the addition of current development standards, it is difficult
to expect the subject lot to be redeveloped without some variance of city regulations. The
requested variance is necessary to permit the proposed redevelopment of the site for an
allowed use in a B-1 district. With this limited variance, the property owner seeks to
redevelop an existing property and enhance the overall commercial corridor. The
redevelopment will also control and improve access points on Davis Street and E. Main
Street. As a result, the Planning staff recommends approval of the variance reducing the
Page 6 of 6
landscaping setback on the Davis Street frontage and area devoted to landscaping on
the E. Main Street frontage. The Board should consider a requirement or condition that
the quantity of landscaping material be increased along the Davis Street frontage where
space is available and a condition to grassed areas be added in the East Main Street
right-of-way where feasible in order to increase the amount of green space.
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. No special conditions and circumstances exist regarding this structure which are
not applicable to other lands, structures, or buildings in the same B-1 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 result from actions of the applicant.
4. The 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 B-1
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. A variance will not allow the establishment of a use prohibited under the terms of
the zoning ordinance in a B-1 district.
ATTACHMENTS
A. Location Map
B. Application (previously distributed)
C. Site Layout - Areas Defined
D. Pratt Mont Subdivision, 1950 (pt)
E. Staff Photos
CITY OF PRATTVILLEBoard of Zoning AdjustmentPlanning Department Staff Report
DATE:5/15/17
CASE FILE NUMBER:170613-01
APPLICATION TYPE:Variance
PROPERTY LOCATION
or DESCRIPTION:
814 South Memorial Drive
PETITIONER(S) ANDAGENT(S):Miller-Lubinger Partners, LLC/Steve & Lori Walter
ZONING DISTRICT(S)B-2 General Business
REQUESTED ACTION:To reduce the required 30’ frontage landscape setback to 10’ onproperty.
ZONING ORDINANCE
REFERENCE:
Section 135 General Site and Off-Street Parking AreaLandscaping Requirements:
(a)…A lot with less than one hundred fifty (150) feet
frontage and adjacent to a right-of-way shall have a
frontage strip depth of ten (10) feet; a lot with onehundred fifty (150) feet to two hundred fifty (250) feet
frontage shall have a frontage strip depth of twenty (20)
feet; a lot with over 250 feet frontage shall have a
frontage strip depth of thirty (30) feet…