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1708-Aug 8 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 August 8, 2017 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: June 13, 2017 Old Business: None New Business: 1. 170808-01 USE-ON-APPEAL: To allow a sign in the R.O.W. Sugar Exchange Zoning District (Single Family Residential) Flowers & White Engineering, LLC, Petitioner District 5 2. 170808-02 VARIANCE: To encroach 2’ 7” into the required 10’ side yard setback. 319 South Washington Street R-2 Zoning District (Single Family Residential) Lisa R. & James T. Sherrill, Petitioner District 1 Miscellaneous: Adjourn Approved 9/12/17 Prattville Board of Zoning Adjustment August8,2017 Minutes Page 1of 4 City of Prattville Board of Zoning Adjustment Minutes August 8, 2017 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,August 8, 2017. ROLL CALL: Present:Chairman Leo Jamieson,Vice-Chairman James Miles,Mr.Jerry Crosby and alternate members, Mr. Neal Parker and Chief Michael Whaley.Absent:Mr. Mike Temple and Mrs. Jerry Schannep. 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.Miles moved to approve the minutes of the July 11, 2017 meeting.Mr. Crosby seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. Chairman Jamieson changed the order that the agenda items were heard. NEW BUSINESS: VARIANCE To encroach 2’ 7” into the required 10’ side yard setback. 319 South Washington Street R-2 Zoning District (Single Family Residential) Lisa R. & James T. Sherrill, Petitioner Mr.Duke introduced the request for a variance to encroach 2.7’into the required 10’side yard setback on property located at 319 South Washington Street. He stated that the property received approval from the Historic Preservation Commission to remove the rear portion of the house and to rebuild with a porch added.He state that permit documents and aerial photos showed the structure meeting setback requirements. The contractor found that that the structure did not meet the side yard requirements andbrought it to the city’s attention. He stated that the structure is a legal non-conforming structure and a variance is required in order for the non-conforming structure to be altered or added on to.The rebuild doesn’t bring the structure any closer to the property lines. He stated that the city has no objection to the request. Lisa Sherrill, petitioner, presented the request for encroachment into the south side yard setback at 319 South Washington Street.She stated that they are trying to maintain the integrity of the house and have it aligned with the main house. She stated that with the addition being built on a slab,drainage will improve by preventing water from flowing under the house. Chairman Jamieson opened the public hearing. Gene Hall,206 Stewart Street, spoke in favor of the request. After no further comments, the public hearing was closed. Approved 9/12/17 Prattville Board of Zoning Adjustment August8,2017 Minutes Page 2of 4 After no further discussion,Mr. Miles moved to establish the finding of facts stating that 1)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;2) the granting of a variance is in harmony with the intent and purposes of the zoning ordinance;and 3) a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Crosby moved to approve the findings of facts.Mr.Parker seconded the motion. The motion to approve the finding of facts passed unanimously. The vote was called.Mr.Parker moved to approve the request,as submitted,based on the approved finding of facts. Mr.Crosby seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance to encroach 2’ 7” into the required 10’ side yard setback on property at 319 South Washington Street. USE-ON-APPEAL: To allow a sign in the R.O.W. Sugar Exchange Flowers & White Engineering, LLC,Representative Mr. Duked introduced the use-on-appeal request to allow a sign in the city’s right-of-way. He stated that the sign regulations require the written opinions of the Chief of Police, the City Engineer, the Fire Chief, and the Administrator prior to making determination. (Attached and made a part of the minutes).He stated that the right-of-way requested is a small grassed island located between Brewbaker Motors and Ashley Home Furniture. Chairman Jamieson asked if anyone who perceived there would be a conflict of interest with Chief Whaley of the city’s Fire Department to make their claim. There was no one present that offered any possible conflict of interest. Brad Flowers of Flowers & White Engineering,LLC, petitioner’s representative, presented the sign request to be located in the right-of-way at Sugar Exchange North. He stated that the proposed business is located directly behind Brewbaker Motors and the only clear visibility of the business location would be with the proposed sign providing directions to the site. He stated that the sign would be located behind the existing light pole and would be powered underground. Philip Pouncey,petitioner,stated that he spoke with adjacent property owner, Ray Boles, who stated that he had no problem with the proposed sign placement.He stated that attempts were made to contact the owners of Ashley Furniture but they were unsuccessful. The owners of Brewbaker Motors had no issues with the sign placement and provided a letter (made a part of the minutes).He stated that the sign is proposed to have underground power provided there be no issues to prevent that plan. Mr. Crosby asked what type of business is proposed for the property. Mr. Pouncey stated that it will be a climate controlled storage facility. He also provided a detailed descriptions of the sign as proposed in the submitted drawings.He stated that the lighting will be more of a photo image rather than bright flashing lights.The sign will only advertise the proposed storage facility business it’s designed for. Chairman Jamieson opened the public hearing. Gene Hall, 206 Stewart Street, spoke in opposition to the request.He stated that a lighted sign will be distracting to traffic. Approved 9/12/17 Prattville Board of Zoning Adjustment August8,2017 Minutes Page 3of 4 Mr. Pouncey stated that he respect the comments. He stated the business needs to advertise with the sign because of its location.He stated that the sign would be located farther off the right-of-way, behind the existing light pole. After no further comments, the public hearing was closed. Chairman Jamieson opened the discussion to the board. Mr. Miles made reference that the petitionerlisted the city as the property owner. He asked what would be the city’s responsibility in maintaining the sign if approved.Mr. Duke replied that the city would not be responsible for maintaining the signeven being located in the city’s right-of-way.He stated that a maintenance agreement between the parties concerned. Chairman Jamieson asked who is responsible if the sign fall in disrepair, being that it would be located on city property. Mr. Duke replied that a maintenance agreement would be issued with a permit to detail all parties’ responsibility. Chief Whaley stated that the he does see the need for the sign from the business aspect because it sits a distance from the drive however,the city has a responsibility to ensure that the public utilities are no infringed upon in the right-of-way. He also stated that it is an island between two lanes of traffic makes it a rarity opposed to being located off the side of the road. After no further discussion, Mr.Crosby moved to establish the finding of facts stating that 1)the special conditions and circumstances do not result from actions of the applicant;2)the granting of a use-on-appeal 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 zoning district; and 3)the use-on-appeal will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr.Miles seconded the motion The motion to approve the finding of facts passed unanimously. The vote was called.Mr. Crosby moved to approve the request based on the approved finding of facts contingent that the use-on-appeal status for the sign expire should the business close.Chief Whaley seconded the motion. Mr. Parker moved to amend the motion to approve contingent that all power is underground and that the use is not extended to other businesses. Mr. Crosby seconded the motion. The motion passed by 4/1 vote as recorded. Favor: Mr. Parker, Mr. Crosby, Chief Whaley and Chairman Jamieson. Oppose: Vice Chairman Miles. Chairman Jamieson called for the vote on the amended motion.The motion to approve as amended failed for lack of four affirmative votes. The votes are as recorded. Favor: Chief Whaley, Mr. Crosby and Mr. Parker. Oppose: Vice-Chairman Miles and Chairman Jamieson. The BZA voted by a 3/2 vote to approve the use-on-appeal allow a sign in the right-of-way on property at Sugar Exchange North R.O.W.Per Section 11-52-80 of the Code of Alabama, 1975, as amended,a motion must receive four affirmative votes to be approved. The request was not approved. MISCELLANEOUS: ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:51 p.m. Respectfully submitted, Approved 9/12/17 Prattville Board of Zoning Adjustment August8,2017 Minutes Page 4of 4 Alisa Morgan,Secretary Board of Zoning Adjustment CITY OF PRATTVILLEBoard of Zoning AdjustmentPlanning Department Staff Report DATE:7/31/17 CASE FILE NUMBER:170808-01 APPLICATION TYPE:Use-On-Appeal PROPERTY LOCATION or DESCRIPTION: Sugar Exchange North Right-Of-Way PETITIONER(S) ANDAGENT(S):Flowers & White Engineering, LLC/City of Prattville Representative:Ken White, Jr. ZONING DISTRICT(S) REQUESTED ACTION:To allow a sign in the right-of-way. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Section 132 General Sign Regulations (a) No sign shall be constructed or placed in or over a public right- of-way that in any way interferes with normal or emergency use ofthat public right-of-way; any sign proposed to be placed in a public right-of-way shall be considered a use on appeal and require thatthe Board of Adjustment find that the proposed location is in thepublic interest after advertisement and a public hearing as provided by state law. The Board of Adjustment shall require the writtenopinions of the Chief of Police, the City Engineer, the Fire Chief, and the Administrator prior to making their [its] determination… CITY OF PRATTVILLEBoard of Zoning AdjustmentPlanning Department Staff Report DATE:7/31/17 CASE FILE NUMBER:170808-02 APPLICATION TYPE:Variance PROPERTY LOCATION or DESCRIPTION: 319 South Washington Street PETITIONER(S) ANDAGENT(S):Lisa & James Sherrill ZONING DISTRICT(S)R-2 (Single Family Representative) REQUESTED ACTION:Variance to encroach 2’7”into the required 10’side (south)yard. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Article 7 Section 71 Residential district requirements: R-2 District: Minimum Yard Size Front yard -35' Rear Yard –40' Side Yard –10'