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05 - May 12 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 May 12, 2015 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep. Minutes: March 10, 2015 and April 14, 2015 Old Business: New Business: 1. 150512-01 VARIANCE To encroach into the required 35’ side yard setback. 214 Ridgewood Road R-2 Zoning District (Single Family Residential) Sandra Davis, Petitioner District 3 2. 150512-02 USE-ON-APPEAL To allow a utility maintenance shop in a residential zoned district. 402 East Sixth Street R-3 & R-2 Zoning District (Single Family Residential) Water Works Board of the City of Prattville Associates, Petitioner District 2 3. 150512-03 USE-ON-APPEAL To allow church use on property. 831 A&B South Memorial Drive B-2 Zoning District (General Business) The Prattville Church of the Nazarene, Petitioner District 6 4. 150512-04 USE-ON-APPEAL To allow church use on property 364 East Main Street B-2 Zoning District (General Business) Prattville Church of Christ, Petitioner District 1 5. 150512-05 USE-ON-APPEAL To allow church use on property. 963-C South Memorial Drive B-1 Zoning District (Local Shopping District) Kingdom Come Worship Center, Petitioner District 6. 150512-06 VARIANCE To locate an accessory structure in the front yard. 4 Knob Hill R-2 Zoning District (Single Family Residential) Kevin M. Costello, Petitioner District 6 Miscellaneous: Adjourn: Prattville Board of Zoning Adjustment May 12, 2015 Minutes Page 1 of 5 City of Prattville Board of Zoning Adjustment Minutes May 12, 2015 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,May 12, 2015. ROLL CALL: Present:Chairman Leo Jamieson,Vice-Chairman James Miles,Mr. Mac Macready,Mrs. Jerry Schannep and Alternate member Assistant Chief Michael Whaley.Absent:Mr. Gerald Cimis. 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: None OLD BUSINESS: None NEW BUSINESS: VARIANCE To allow an accessory structure more than 50% of the main dwelling. 214 Ridgewood Road R-2 Zoning District (Single Family Residential) Sandra Davis, Petitioner Mr. Duke introduced the request for the variance for property at 214 Ridgewood Road. He stated thatthe petitioner’s request to place an additional accessory structure on the property violates Section 9 Appendix A of the City Code. He stated that accessory structures can be no more that 50% of the main dwelling. He stated that the main dwelling is 2267 ft2 and the existing storage buildings and plus the proposed additional storage building is 1792 ft2 which would make the accessory structure’s square footage 79% of the main dwelling. Sandra Davis, petitioner,presented the request for an accessory structure on her property. She stated that there is heavy equipment like boats, trailers and four wheelers on the property that are unsightly and she needs the storage building to be able to conceal the equipment. She stated that the proposed structure would be a metal building. She stated that there are two existing storage units on the property where the proposed would be placed near.She stated that she also plan to install a 6’ privacy fence. Chairman Jamieson opened the public hearing. Jimmy Dees,113 Greencrest Lane, spoke in opposition to the request.He asked if the existing accessory structures would be removed. Daniel Gollman, 213 Sweetbriar Lane, spoke in opposition to the request. He stated that the property Prattville Board of Zoning Adjustment May 12, 2015 Minutes Page 2 of 5 is an eyesore. Jeanine Kirk,216 Sweetbriar Lane, spoke in opposition to the request. She stated that she was concerned that her property value would decrease if the storage building is allowed. Susan Powe, 217 Sweetbriar Lane, 217 Sweetbriar Lane, spoke in opposition to the request. She stated that it appears as if a business is being operated on the property. Phillip Pate, 221 Sweetbriar Lane, spoke in opposition to the request. He stated that he was concerned that a business was being operated and wanted to know if the existing storage buildings would be removed. Steve Pierce, 219 Sweetbriar Lane, spoke in opposition to the request. He stated that he was concerned that a business was being operated on property. He commented that the city’s ordinance should not be violated. Melanie Vest, 214 Sweetbriar Lane, spoke in opposition to the request. After no further comments, the public hearing was closed. Ms. Davis spoke in response to the public comments. She agreed that the property currently is an eyesore which was her objective to get a storage building large enough and get the equipment out of view. She stated that the equipment is from her previous business that she sold and is not going to run a business at the property. After no further comments, questions, or discussion, the vote was called. The BZA voted unanimously to deny the request for a variance to allow an accessory structure more than 50% of the main dwelling on property at 214 Ridgewood Road. USE-ON-APPEAL To allow a utility maintenance shop in a residential zoned district. 402 East Sixth Street R-3 & R-2 Zoning Districts (Single Family Residential) Water Works Board of the City of Prattville,Petitioner Mr. Duke introduced the use-on-appeal request to allow a utility maintenance shop in a residential zoned district at 402 East Sixth Street. He stated that the petitioner is requesting to place a 50x20 addition to the end of the building closest to the street. He stated that the property spans across R-2 and R-3 zoning districts. Buddy Buckner, petitioner,presented the request for a utility maintenance shop in a residential zoned district. He stated that the maintenance shop needs additional space. He stated that the branch runs beneath the lot. The proposed location of the building would keep it off the location where the branch runs. Chairman Jamieson opened the public hearing.There were none to speak. The public hearing was closed. After no further comments, questions, or discussion, the vote was called. Mr.Miles moved to approve the request as submitted. Mrs. Schannep seconded the motion. The BZA voted unanimously to approve the use-on-appeal to allow a utility maintenance shop in a residential zoned district on property at 402 East Sixth Street. Prattville Board of Zoning Adjustment May 12, 2015 Minutes Page 3 of 5 USE-ON-APPEAL To allow church use on property. 831 A&B South Memorial Drive B-2 Zoning District (General Business) The Prattville Church of the Nazarene, Petitioner Mr. Duke introduced the use-on-appeal request to allow church use on property at 831 A&B South Memorial Drive. Caleb Strickland, petitioner’s representative, presented the request for a use-on-appeal to allow church use on property at 831 A&B South Memorial Drive. He stated that the church, Prattville Church of the Nazarene, currently operates out of the district office on East Main Street. He stated that the proposed time of use would be on Sunday 10:00 a.m. thru 12:00 p.m., on Tuesday 7:00 p.m. thru 8:30 p.m. He stated that there are currently 35 members of the church and there is sufficient parking on the property with overflow parking in adjacent lots. David Kahn, property owner, spoke in favor of the request. He stated that he owns the adjacent property as well and the parking lot can accommodate the proposed use. Chairman Jamieson opened the public hearing.The public’s comments were in favor of the request: Mark Berry, 110 Shady Oak Lane Dale Strickland, 424 Wetumpka Street Dawn Floyd, 4131 Willow Brook Drive, Millbrook The public hearing was closed. After no further comments, questions, or discussion, the vote was called. Assistant Chief Whaley moved to approve the request as submitted. Mr. Macready seconded the motion. The BZA voted unanimously to approve the use-on-appeal to allow church use on property at 831 A&B South Memorial Drive. Chairman Jamieson called for a 5 minute break at 5:15 p.m. The meeting was called back into session at 5:18 p.m. with all prior members present.Chairman Jamieson recused himself for the next case due to conflict of interest and Vice-Chair Miles resumed the meeting. USE-ON-APPEAL To allow church use on property 364 East Main Street B-2 Zoning District (General Business) Prattville Church of Christ, Petitioner Mr. Duked introduced the use-on-appeal request allow a church use on property at 364 East Main Street. Marvin Gentry,petitioner’s representative, presented the use-on-appeal request to allow church use on property at 364 East Main Street. He stated that the Prattville Church of Christ has acquired the property and wanted to relocate its food bank to the site. He stated that the food bank currently operates on Tuesday from 10:00 a.m. thru 12:00 p.m. He stated that they also plan to use the building for classes on Sunday and Wednesday night.He stated that they proposed to put a fence between 364 and 370 East Main Street. Vice-Chair Miles opened the public hearing. There were none to speak. The public hearing was Prattville Board of Zoning Adjustment May 12, 2015 Minutes Page 4 of 5 closed. After no further comments, questions, or discussion, the vote was called. Assistant Chief Whaley moved to approve the request as submitted. Mrs. Schannep seconded the motion. The BZA voted unanimously to approve the use-on-appeal to allow church use on property at 364 East Main Street. Chairman Jamieson resumed his seat to preside over the meeting. USE-ON-APPEAL To allow church use on property. 963-C South Memorial Drive B-1 Zoning District (Local Shopping District) Kingdom Come Worship Center, Petitioner Mr. Duked introduced the use-on-appeal request allow a church use on property at 963-C South Memorial Drive. Annail Fort, petitioner’s representative, presented the use-on-appeal request to allow church use on property at 963-C South Memorial Drive.She stated that the location was a church before. She stated that the Kingdom Come Worship Center is currently operating at the North Highland Community Center. She stated that the plan of operation at the site would be Sunday 10:00 a.m. thru 12:00 p.m. and Wednesday 7:00 p.m. thru 8:00 p.m. and some outreach services on Saturdays. She stated that there is adequate parking for the current 25 members. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. After no further comments, questions, or discussion, the vote was called.Mr. Macready moved to approve the request as submitted. Mrs.Schannep seconded the motion. The BZA voted unanimously to approve the use-on-appeal to allow church use on property at 963-C South Memorial Drive. VARIANCE To locate an accessory structure in the front yard. 4 Knob Hill Road R-2 Zoning District (Single Family Residential) Kevin M. Costello, Petitioner Mr.Duke presented the variance request to locate an accessory structure on property at 4 Knob Hill Road. He stated that Article 6 of the Zoning Ordinance Section 68 requires that accessory structure be located in the rear of the main building. Kevin Costello and Rebecca Costello, petitioners, presented their request to allow an accessory structure in the front yard of 4 Knob Hill Road. He stated that they wanted to place the 2-car garage over the existing pad. He stated that placing the garage in the rear would lose tremendous green space. He stated that there is a 30’ drop next to neighbor. He stated that all the lots in the area are uniquely configured. Chairman Jamieson opened the public hearing.There were none to speak. The public hearing was closed. After no further comments, questions, or discussion, the vote was called. The BZA voted unanimously to approve the variance to locate an accessory structure in the front yard on property at 4 Knob Hill Road. Prattville Board of Zoning Adjustment May 12, 2015 Minutes Page 5 of 5 MISCELLANEOUS: ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 6:03p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment