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1609 - September 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 September 13, 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: August 9, 2016 Old Business: None New Business: 1. 160913-01 VARIANCE To allow a sign 7’ over the maximum 25’ height. 2091 Fairview Avenue (Highway 14 E) B-2 Zoning District (General Business) Long Lewis of River Region Inc., Petitioner District 3 Miscellaneous: Adjourn Prattville Board of Zoning Adjustment September 13, 2016 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment Minutes September 13, 2016 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:02 p.m. on Tuesday,September 13, 2016. ROLL CALL: Present:Chairman Leo Jamieson,Vice-Chairman James Miles,Mr. Gerald Cimis, Mrs. Jerry Schannep and Commander Whaley.Absent:Mr. Mac Macready. 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 August 9, 2016 meeting as corrected.Commander Whaley seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: VARIANCETo allow a sign 7’ over the maximum 25’ height. 2091 Fairview Avenue (Highway 14 E) B-2 Zoning District (General Business) Long Lewis of River Region Inc., Petitioner Mr. Duke introduced the request for a variance at 2091 Fairview Avenue.He stated that the request is for a 7’height increase to the maximum sign height of 25’.He stated that the petitioner is requestingto relocate the business’ existing sign from 1825 East Main Street which was approve for a 10’height variance in 1995. Charles Wall of Long Lewis of the River Region, Inc.,stated that the owner received approval for a 35’ sign for their existing sign on Main Street. He stated that they want to relocate the existing sign to the new business without having to refurbish it. 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-4 district.Mrs. Schannep seconded the motion. Prattville Board of Zoning Adjustment September 13, 2016 Minutes Page 2 of 2 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 variance is void should the business ceases to exist.Mr.Miles seconded the motion. The motion to approve passed unanimously. The BZA voted unanimously to approve the variance to allow a sign 7’ over the maximum 25’ height contingent that the variance is void should the business ceases to exist at 2091 Fairview Avenue. MISCELLANEOUS: ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 4:20 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 2091 Fairview Avenue (AL Highway 14 East) BZA Application – 160913-01 DATE September 12, 2016 PROPOSED DEVLOPMENT Petitioner: Long Lewis of the River Region, Inc. Property Owners: LLRR Properties, LLC Agent: N/A Location: Lot under development at NE Corner of Old Farm Lane and Alabama Highway 14 East Development Status and History Previous Variance Requests/Approvals: 150414-01 – granted April 14, 2015 – Landscaping setback variance Conditions of Previous Approvals: 1. Reduction of required trees on AL 14 East frontage from 19 to 15 and on the Old Farm Lane frontage from 12 to 9 2. Elimination of required berm on both the AL 14 East and Old Farm Lane frontages 3. Reduction of the required foundation landscaping to less than the required 5’ Property Configuration Acreage: 13 acres Zoning Classification: B-4, Highway Commercial Relevant District Standards: Zoning Ordinance, Article 12. - Signs, Section 134. - District regulations, Subsection (c) Business districts, office districts, and manufacturing districts: High mount freestanding signs, Maximum Height: 25’ Page 2 of 3 Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): 1. Permit a freestanding, high mount sign with a maximum height of 32’, or 7’ greater than the allowed maximum of 25’. 2. Sign proposed for installation at 32’ is an existing sign and will be relocated from 1825 East Main Street. Sign was installed at E. Main Street location in 1995 under a variance granted on April 18, 1995 (order included as Attachment A). Statement of Hardship: (taken from application) “As per previous agreements with city and county officials at pre-construction, we did not want to have to purchase new signs as the ones we currently own, and want to move, are relatively new and very, very expensive to replace. Additionally, adjacent property owners have signs that are relatively the same height and we did not feel that we would have a disproportionate (impact) in that business setting.” PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: Several visits in 2016 Recommendation: Approval – existing sign constructed under a variance granted in 1995, overall spirit of the ordinance is maintained, and previous variances of a similar height have been granted in the same roadway corridor. While a special privilege is confirmed on the applicant, the requested variance is similar to those granted other commercial establishments in the AL Highway 14 East/Fairview Avenue corridor Page 3 of 3 Planning Staff Comments: 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-4 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-4 district. ATTACHMENTS A. 1995 Variance Order – 1825 East Main Street Application and location map previous provided. DATE:8/22/16 CASE FILE NUMBER:160913-01 APPLICATION TYPE:Variance PROPERTY LOCATION or DESCRIPTION: 2091 Highway 14 East PETITIONER(S) ANDAGENT(S):Long Lewis of the River Region, Inc. ZONING DISTRICT(S)B-2 (General Business) REQUESTED ACTION:To allow a sign 7’ over the maximum 25’ height. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Article 12 Signs Section 134 District Regulations (c) Business districts, office districts, and manufacturing districts: Sign Types Permitted:High Mount Freestanding Sign Setback10’ Max. Height25’ Min. Height8’ Max. SizeNot specified