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1608 - August 09 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 9, 2016 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep. Election of Officers: Minutes: July 12, 2016 Old Business: None New Business: 1. 160809-01 USE-ON-APPEAL To allow an offsite sign. 1595 South Memorial Drive B-2 Zoning District (General Business) Circle C Trailer Company, LLC, Petitioner District 2 2. 160809-02 VARIANCE To encroach into the required 10’ side yard setback 1101 Cooper Avenue R-2 Zoning District (Single Family Residential) Genie & Richard Grooms, Petitioners District 6 3. 160809-03 USE-ON-APPEAL To allow use for a temporary structure 960 East Main Street B-2 Zoning District (General Business) Bowen-Arrow, LLC, Petitioner District 6 4. 160809-04 VARIANCE To make changes to the landscape requirements Medical Center Drive (Vacant Lot) B-2 Zoning District (General Business) Danny Clements Builder, Inc., Petitioner District 3 Miscellaneous: Adjourn Prattville Board of Zoning Adjustment August 9, 2016 Minutes Page 1 of 4 City of Prattville Board of Zoning Adjustment Minutes August 9, 2016 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:04 p.m. on Tuesday,August 9, 2016. ROLL CALL: Present:Chairman Leo Jamieson,Vice-Chairman James Miles,Mr. Gerald Cimis,Mr. Mac Macready, and Mrs. Jerry Schannep.Absent:None. 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. Macready moved to approve the minutes of the July 12, 2016 meeting.Mrs.Schannep seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: USE-ON-APPEAL To allow an offsite sign. 1595 South Memorial Drive B-2 Zoning District (General Business) Circle C Trailer Company, LLC, Petitioner Mr. Duke introduced the request for a use-on-appeal at 1595 South Memorial Drive.He stated that the request is for an offsite sign which will advertise a business at another location. Billy Cutter,petitioner,stated that he is the owner of Circle C Trailer Company which is located at 1720 Highway 82 West. He stated that he plans to move the business closer into the city and posted a sign at the current location without knowledge of needing a permit. He stated that he received permission from the property owner to place the sign on the property but did not obtain a permit.He stated that it may take some time to relocate the business to the proposed location,but wants potential customers to know that the business exists and where it’s presently located. Chairman Jamieson opened the public hearing. Lee Reynolds, property owner of 1595 South Memorial Drive, spoke in favor of the request.He stated that he purchased the six acre property in 1994. A portion of the property has been successfully leased to B&G Equipment Supply for four years. The remaining approximately three acre portion would be leased to Circle C Trailer Company.He stated that there is no city sewer currently on the property so that limits the types of business that can may use the site. Prattville Board of Zoning Adjustment August 9, 2016 Minutes Page 2 of 4 The public hearing was closed. The vote was called. Mr. Cimis moved to establish the finding of facts:1.The proposed off-site sign is an allowable use-on-appeal, and is not a prohibited use in a B-2 district;2.Development of the off- site sign at 1595 S. Memorial Drive is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance and 3.The proposed temporary structure will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Macready moved to approve the finding of facts.Mr.Miles 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 contingent that the use-on-appeal status for the sign expire should the business move to this location.Mr. Crosby seconded the motion. The motion to approve passed unanimously. The BZA voted unanimously to approve the use-on-appeal to allow an offsite sign contingent that the use expire should the business move to location at 1595 South Memorial Drive. VARIANCE To encroach into the required 10’ side yard setback 1101 Cooper Avenue R-2 Zoning District (Single Family Residential) Genie & Richard Grooms, Petitioners Mr. Duke introduced the request for a variance at 1101 Cooper Avenue. He stated that the request is for a side yard setback encroachment into the 10’ yard line. Inspection of the site in conjunction with a request for an addition to the main structure revealed the encroachment of the existing carport which is currently a non-conforming structure. He stated that the carport encroaches 2 ½’ into the east side yard. Genie & Richard Grooms, petitioners, presented their request for a 2 ½’ side yard variance. Ms. Grooms stated that the carport’s front pole is in compliance but the rear pole encroaches in to the side yard line. Mr. Grooms stated that the pie shaped lot tapers to the rear and causes the encroachment of the rear pole. They stated that the carport has been there since 2008. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. Mr. Miles recused himself from voting because of a possible conflict of interest. The vote was called.Mr. Cimis moved to establish the finding of facts:1.The special conditions and circumstances do result from actions of the applicant; 2.The granting of a variance will 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;3.The granting of a variance is in harmony with the intent and purposes of the zoning ordinance because of the unique shape of the lot;and 4.A variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mrs. Schannep seconded the motion. The motion to approve the finding of facts passed by 4/0 vote.(Mr. Miles recused himself). Prattville Board of Zoning Adjustment August 9, 2016 Minutes Page 3 of 4 Mr. Cimis moved to approve the request based on the finding of facts. Mrs. Schannep seconded the motion. The motion to approve based on the finding of facts passed by 4/0 vote.(Mr. Miles recused himself). The BZA voted unanimously to approve the variance to encroach into the required 10’ side yard setback at 1101 Cooper Avenue. USE-ON-APPEAL To allow use for a temporary structure 960 East Main Street B-2 Zoning District (General Business) Bowen-Arrow, LLC, Petitioner Mr. Duke introduced the request for a use-on-appeal at 960 East Main Street. He stated that the request is for a temporary structure to be used until the permanent structure is built. He stated that the staff recommends approval. Brad Flowers of Flowers & White Engineering, petitioner’s representative, presented the request for a temporary structure to be used as an office building until the permanent office is constructed. He stated that the existing building will be completely demolished and reconstructed. He stated that parking on Chambliss and Peachtree Streets will be utilized during construction. All renovations will be contained within the property. Mr. Flowers estimated construction to last for three to four months. Mr. Duke stated that 18 months is the standard time frame granted for temporary structures. The petitioner’s projected construction time is well within the frame. Chairman Jamieson opened the public hearing.There were none to speak. The public hearing was closed. The vote was called. Mr. Cimis moved to establish the finding of facts:1.The proposed temporary structure is an allowable use-on-appeal, and is not a prohibited use in a B-2 district;2.Development of the proposed temporary structure at 960 East Main Street is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3.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.Miles moved to approve the request based on the approved finding of facts contingent that the use does not exceed 18 months.Mrs.Schannep seconded the motion. The motion to approve passed unanimously. The BZA voted unanimously to approve the use-on-appeal to allow a temporary structure contingent that the use does not exceed 18 months on property at 960 East Main Street. VARIANCE To make changes to the landscape requirements Medical Center Drive (Vacant Lot) B-2 Zoning District (General Business) Danny Clements Builder, Inc., Petitioner Prattville Board of Zoning Adjustment August 9, 2016 Minutes Page 4 of 4 Mr. Duke introduced the request for a variance at the southeast corner of Fairview Avenue and Medical Center Drive Intersection.He stated that the request is for a reduction of the frontage 20’ landscape setback to 10’ at Medical Center Drive and Fairview Avenue. Danny Clements, petitioner’s representative, presented the request for a reduction of 10’ to the frontage landscape requirements. He stated that the lot was developed prior to the landscape ordinance which has created a hardship in the development of the proposed medical office. Chairman Jamieson opened the public hearing.There were none to speak. The public hearing was closed. The vote was called.Mr. Cimis moved to establish the finding of facts:1.The granting of a variance is in harmony with the intent and purposes of the zoning ordinance;2.A variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole;and 3.A variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance in a B-2 district.Mrs. Schannep seconded the motion. The motion to approve the finding of facts passed unanimously. Mr. Cimis moved to approve based on the finding of facts with a reduction from 20’ to 10’ at the frontage of Fairview Avenue and from 20’ to approximately 7’ at the frontage of Medical Center Drive. Mrs. Schannep seconded the motion. The motion to approve based on the finding of facts passed unanimously. The BZA voted unanimously to approve the variance to change the landscape requirements from 20’ to 10’ at the frontage of Fairview Avenue and from 20’ to approximately 7’at Medical Center Drive. MISCELLANEOUS: ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 4:40 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report USE-ON-APPEAL Off-Site Sign 1595 South Memorial Drive BZA Application – 160809-01 DATE August 8, 2016 PROPOSED DEVLOPMENT Petitioners: Circle C Trailer Company, LLC (Billy Cutter, Sr.) Property Owners: L & L Properties, Inc. Agent: Bill Cutter, Sr. Location: 1595 South Memorial Drive Development Status and History Submission Status: Portion of lot developed and used for equipment rental business. No other requests on file for variances or uses-on-appeal at this address Previous Approvals: None Conditions of Previous Approvals: N/A Property Configuration Acreage: Approximately 6.5 acres Existing Structures Site contains 8,200 square foot site-built commercial structure used for an equipment rental business. Site contains one freestanding sign. Proposed Use: Single sign facing S. Memorial Drive. Two 4’ x 8’ signs installed in a V configuration on three 4 x 4 posts. Sign is Page 2 of 4 less than 25’ in height and greater than 15’ from edge of pavement. Sign advertises use located at a site (1720 Highway 82 West) other than 1595 S. Memorial Drive. Sign installed prior to application for permit. Current Zoning: B-2 (General Business) Required Zoning: Off-site signs are permitted in B-2 zones as a use-on- appeal. See Prattville Zoning Ordinance, Section 134. - District regulations. (c) Business districts Surrounding Developments and Uses: The property north, south east, and west of the site is zoned B-2, General Business. Street Extensions or New Streets: N/A Water and Sewer: N/A PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: June 27, 2016 Recommendation: Approval based on the following: 1. Site zoned for business. 2. Previous approvals in S. Memorial Drive corridor for off-site signs - primarily billboards. 3. Per other requirements of Zoning Ordinance Article 12, this large site can accommodate more than one freestanding sign (see Section 132. - General sign regulations, subsection (f)). Planning Staff Comments: Below is the staff opinion of questions generally applied to uses-on-appeal: Page 3 of 4 1. The proposed off-site sign is an allowable use-on-appeal, and is not a prohibited use in a B-2 district. 2. Development of the off-site sign at 1595 S. Memorial Drive is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance. 3. The proposed temporary structure will not cause substantial adverse impact to adjacent or nearby properties or uses. ATTACHMENTS A. Staff photograph Page 4 of 4 ATTACHMENT A DATE:7/11/16 CASE FILE NUMBER:160809-01 APPLICATION TYPE:Use-On-Appeal PROPERTY LOCATION or DESCRIPTION: 1595 South Memorial Drive PETITIONER(S) AND AGENT(S): Circle C Trailer Company, LLC Agent:Billy Cutter, Sr. ZONING DISTRICT(S)B-2 (General Business) REQUESTED ACTION:Offsite sign ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Article 12.Signs. Section 134 District Regulations (c)Business districts, office districts, and manufacturing districts.- PERMITTED ON APPEAL: Offsite signs CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 1101 Cooper Avenue BZA Application – 160809-02 DATE August 8, 2016 PROPOSED DEVLOPMENT Petitioner: Genie and Richard Grooms Property Owners: same as petitioner Agent: N. A. Location: 1101 Cooper Avenue Development Status and History Previous Variance Requests/Approvals: No previous variances Conditions of Previous Approvals: N/A Property Configuration Acreage: Approximately 0.35 acres (15,246 square feet) Zoning Classification: R-2, Single Family Residential Relevant Standards: Prattville Zoning Ordinance Section 4. – Uses (B) Any use or structure existing at the time of enactment or of subsequent amendment to this ordinance, but not in conformity with its provisions, may be continued with the following limitations: Any use or structure which does not conform to the provisions of this ordinance, except with the written approval of the Board of Zoning Adjustment, shall not be: (a) Chained to another nonconforming use. Page 2 of 5 (b) Re-established after discontinue [discontinuance] for one (1) year. (c) Rebuilt after fire or storm loss, exceeding its value, above foundation, at the time of loss. Section 5. - Building lots, yards and open spaces. In each district, each structure, hereafter erected or altered, shall be provided with the yards specified and shall be on a lot of the area and width specified in Article 7. No open space or lot required for a building or structure shall during its life be occupied by or counted as open space for another building or structure. Exceptions to the district requirements for building lots and yards follow: a. Where the owner of a lot of official record at the time of adoption of this ordinance does not own sufficient adjacent land to enable him to conform to the yard and other requirements of this ordinance, one (1) building and its accessory structures may be built provided the yard space and other requirements conform as closely as possible, in the opinion of the Board of Zoning Adjustment, to the requirements of the district in which it is located; and further provided that neither side yard shall be reduced to less than five (5) feet in width. b. No building need be set back more than the average of the setbacks of the existing residences within one hundred (100) feet each side thereof. Section 68 – Definitions. Yard, rear. The yard extending across the entire width of the lot between the main building, including covered porches, and the rear lot line. Section 71— R-2 Districts Minimum Lot Size: 10,500 square feet Maximum Lot Coverage: 45% Yard Setbacks: Front: 35’ Rear: 40’ Page 3 of 5 Sides: 10’ Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): Attached carport installed in the side yard. Due to angle of east side property line, a portion of the carport extends into the required 10’ side yard. Requesting variance for an encroachment of no greater than 2.5 feet (closest corner is 7.5 feet from property line). Property owner believes variance is justified due to irregular space of their lot compared to surrounding subdivision lots. Statement of Hardship: (taken from application) “Our statement of hardship is that we would hope the board would take into consideration that we be allowed a permit for construction of an additional room onto our dwelling. Our house has only on bath and two small bedrooms. We really need the 2nd bath and a little more room in the master bedroom. We thank you for your consideration.” PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: May 26, 2016 and June 22, 2016 Recommendation: Recommend denial. Encroaching carport is a portable unit that may be moved. Planning Staff Comments: On March 19, 2016, the petitioner’s contractor applied for a permit to add a 345 square foot addition to the rear of the single-family residential house at 1101 Cooper Avenue. Upon inspection, the zoning administrator determined that a portion of the existing structure, an attached carport on the east side of the structure, extends 2.5 feet into the required 10 foot side setback. Upon finding a non-conforming structure and failing to find record of the lot Page 4 of 5 being zoned differently at construction or a previous variance, the administrator denied the requested permit based on the non-conforming use clauses found in Section 4 (B) of the city’s zoning ordinance. The addition for which the denied permit is requested is a not a part of, nor does it increase the side yard encroachment. The applicant is requesting a variance to account for the non-conformance of the existing structure and allowance for the addition. State code, board rules, and best practices require the BZA to measure variance requests against several basic standards. Below is the Planning Department staff’s 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 R-2 zoning district. 2. A literal interpretation of the zoning ordinance would not 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 the zoning ordinance to other lands, structures, or buildings in the same R-2 district; 5. The granting of a variance is not 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 an R-2 district. ATTACHMENTS Attachment A. – Staff photograph of property. Page 5 of 5 Attachment A DATE:7/28/16 CASE FILE NUMBER:160809-02 APPLICATION TYPE:Variance PROPERTY LOCATION or DESCRIPTION: 1101 Cooper Avenue PETITIONER(S) AND AGENT(S): Richard & Genie Grooms ZONING DISTRICT(S)R-2 (Single Family Residential) REQUESTED ACTION:Variance to encroach into the required 10’side yard setback. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Section 71 Residential district requirements: R-2 District: Minimum Yard Size Front yard -35' Rear Yard –40' Side Yard –10' CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report USE-ON-APPEAL Bowen-Arrow, LLC 960 East Main Street BZA Application – 160809-03 DATE August 8, 2016 PROPOSED DEVLOPMENT Petitioners: Bowen-Arrow, LLC Property Owners: Same Agent: Flower and White Engineering Location: 960 East Main Street (southeast corner of East Main Street/Peachtree Street intersection) Development Status and History Submission Status: Initial request for temporary structure Previous Approvals: N.A. Conditions of Previous Approvals: N.A. Property Configuration Acreage: Approximately 0.51 acres Proposed Use: Temporary office building for use while new structure is constructed. Current Zoning: B-2, General Business Required Zoning: Primary use (office) is permitted without additional approval by BZA. Site plan review and approval by the Planning Department is required before proposed commercial use can operate from the site. Page 2 of 3 Surrounding Developments and Uses: Surrounding property fronting East Main Street is zoned B-2 and used as business or institutional uses (fire station). Property to south and southeast is zoned and used as single-family residential Street Extensions or New Streets: None proposed. Water and Sewer: Adequate potable water and sanitary sewer for the proposed use is provided to the site. PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: April 8, 2016 Recommendation: This use has been referred to the BZA for approval of a temporary structure. The petitioner is requesting to approval for use of a temporary structure for an 18 month period. The petitioner has presented preliminary plans to the Planning Department showing the demolition of the existing office building on the site and construction of a new office structure with the same tenant (ALFA Insurance). The temporary structure will allow the current tenant to maintain operations on the site during construction. The separation of customer and construction traffic on the site is the Planning Department’s primary concern with this request. The applicant’s plan for parking and separation is sufficient. The request should be approved. Planning Staff Comments: Below is the staff opinion of questions generally applied to uses-on-appeal: 1. The proposed temporary structure is an allowable use-on-appeal, and is not a prohibited use in a B-2 district. 2. Development of the proposed temporary structure at 960 East Main Street is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance. Page 3 of 3 3. The proposed temporary structure will not cause substantial adverse impact to adjacent or nearby properties or uses. ATTACHMENTS None. Please see information sent earlier by Ms. Morgan. CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report DATE:7/28/16 CASE FILE NUMBER:160809-03 APPLICATION TYPE:Use-On-Appeal PROPERTY LOCATION or DESCRIPTION: 960 East Main Street PETITIONER(S) AND AGENT(S): Bowen-Arrow, LLC Terry Bowen, Agent ZONING DISTRICT(S)B-2 (General Business) REQUESTED ACTION:To allow use for a temporary structure. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Section 72 Business district requirements: TEMPORARY STRUCTURES: 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. CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE Vacant lot – Southeast Corner of Fairview Avenue/Medical Center Drive Intersection BZA Application – 160809-04 DATE August 8, 2016 PROPOSED DEVLOPMENT Petitioner: Danny Clements Builder, Inc. Property Owners: RER L.L.C. (Reza Esmaili) Agent: N/A Location: Southeast Corner of Fairview Avenue/Medical Center Drive Intersection Development Status and History Previous Variance Requests/Approvals: No previous requests or variances for this property Conditions of Previous Approvals: N/A. Property Configuration Acreage: 1.0 acre Zoning Classification: B-2, General Business Relevant District Standards: Zoning Ordinance, Article 13, Section 145 General Site and Off-Street Parking Area Landscaping Requirements. (a) Frontage Landscaping and Foundation Planting Requirements. Frontage landscaping shall require a landscaped strip with a minimum 10-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 Page 2 of 4 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 250 feet frontage shall have a frontage strip depth of thirty (30) feet… For developments of two (2) or more acres with frontage of to two hundred fifty (250) feet or more, the frontage strip shall be bermed in order to minimize the visual impact of the off-street parking area, unless the Administrator determines that the natural topography does not require site to be bermed. The berm shall not have a slope of greater than one (1) foot of rise per three (3) feet of run, and shall not be less than four (4) feet in height at its apex. Landscaping of bermed perimeter strips shall be in accordance with all requirements as outlined in this section (b) Perimeter landscaping requirement. Perimeter landscaping must be provided within the property lines between the off-street parking area, adjoining properties. Planting areas existing in the public rights-of-way or on adjoining property shall not count toward the required perimeter landscaping area. Perimeter landscaping areas adjacent to adjoining properties shall be at least ten (10) feet in depth, excluding walkways, measured perpendicularly from the adjacent property to the back of curb. Should the parking area abut any Residential District as defined by Article 7 of the Zoning Ordinance of the City of Prattville, a higher perimeter landscaping criteria shall apply. The perimeter landscaping area along the common property line shall have a twenty (20) foot landscaped buffer area consisting of a solid unbroken visual screen, eight (8) feet high within two (2) years of planting, and in sufficient density to afford protection to the residential districts from the glare of lights, from blowing paper, dust and debris, from visual encroachment and to effectively reduce the transmission of noise. The perimeter buffer area shall be maintained in a clean and neat condition. Page 3 of 4 Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): 1. Reduction of required depth of landscaped area on Fairview Avenue (formerly Alabama Highway 14 East) frontage from 20’ to an average depth of 10’ (matching the submitted site plan). 2. Reduction of required depth of landscaped area on Medical Center Drive from 20’ to 7’ (matching the submitted site plan). Statement of Hardship: (taken from application) “W e are asking for a variance for the 20 ft landscape area on the 2 street sides of the lot. The subdivision was platted and developed in 1998 and the current landscaping ordinance when into effect in 1999. Thank you for your help in this matter.” PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: Several visits in May and June 2016 Recommendation: Approval. 1. Lot was planned and platted in mid-1990’s prior to initial adoption of city’s landscaping codes in the 1999, as a result additional space was not allocated for the site and parking lot landscaping that would be required when developed. 2. Sufficient space is available to accommodate the quantity of landscaping material required, but not enough for the setback. 3. Relief from setback requirements is justified to permit development of the existing lot. 4. Similar variances have been approved by the board for similarly configured properties. Page 4 of 4 5. Overall spirit of the ordinance is maintained and amount of landscaping required is provided on site. Planning Staff Comments: State code, board rules, and best practices require the BZA to measure variance requests against several basic standards. Below is the Planning Department staff’s opinion regarding the standards and this request. 1. No special conditions and circumstances exist regarding this site which are not applicable to other lands, structures, or buildings in the same B-2 zoning district. 2. A literal interpretation of the zoning ordinance would not 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-4 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-2 district. ATTACHMENTS None. Please attachments provided with meeting packet. DATE:7/28/16 CASE FILE NUMBER:160809-04 APPLICATION TYPE:Variance PROPERTY LOCATION or DESCRIPTION: Medical Center Drive (vacant lot) PETITIONER(S) AND AGENT(S): Danny Clements Builder, Inc. ZONING DISTRICT(S)B-2 (General Business) REQUESTED ACTION:To allow changes to the landscape setback requirements. ZONING ORDINANCE REFERENCE: Landscaping Ordinance Article 13 Section 135 General Site and Off-Street Parking Area Landscaping Requirements. (a)Frontage Landscaping and Foundation Planting Requirements. Frontage landscaping shall require a landscaped strip with a minimum 10-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 250 feet frontage shall have a frontage strip depth of thirty (30) feet…