2002-Feb 11 BZA
102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP
DIRECTOR
CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A February 11, 2020 4:00pm Call to Order: Roll Call: Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., Mr. James Miles, and
Mrs. Jerry Schannep. Minutes: January 14, 2020 Old Business: None
New Business: 1. 200211-01 VARIANCE: To reduce the required parking spaces. 428 East Main Street
B-2 (General Business) The Broadway Group, LLC, Petitioner
District 2
Miscellaneous: Adjourn:
Alabama Code Section 11-52-81 Board of adjustment - Appeals to circuit court from final decision of board of adjustment.
Any party aggrieved by any final judgment or decision of such board of zoning adjustment may within 15 days thereafter appeal therefrom to the circuit court by filing with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of such appeal such board shall cause a transcript of the proceedings in the action to be certified to the court to which the appeal is taken, and the action in such court shall be tried de novo.
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Prattville Board of Zoning Adjustment February 11, 2020 Minutes Page 1 of 2
City of Prattville Board of Zoning Adjustment Minutes February 11, 2020
CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice-
Chairman Charles Knapp at 4:01 p.m. on Tuesday, February 11, 2020. ROLL CALL: Present: Vice-Chairman Charles Knapp, Mr. Billy Barrett, and Ms. Jerry Schannep. Absent: Chairman Jerry Crosby and Mr. James Miles. Also present were supernumerary members Chief Michael Whaley and Mr. Neal Parker. Quorum Present Staff present: Mr. Scott Stephens, City Planner and Ms. Alisa Morgan, Secretary.
MINUTES: Mr. Barrett moved to approve the minutes of the January 14, 2020 meeting. Chief Whaley seconded the motion. The motion to approve passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: VARIANCE To reduce the required parking spaces. 428 East Main Street B-2 (General Business) The Broadway Group, LLC, Petitioner Mr. Knapp clarified that this petition was heard less than a year ago and the Board would be determining if enough change from the previous submission warrants consideration for a hearing prior to the end of the 365 day period (Article 3, Zoning Ordinance of the City of Prattville, Section 37, as amended). Mr. Stephens prior to his presentation of the request, mentioned the upcoming census count and explained its benefits to the city. He encouraged everyone to participate in the census count. He also mentioned that citizens who are interested in receiving notification about any city meetings can access
the city’s web page and sign up to receive Meeting Notifications. Mr. Stephens presented the request for a rehearing stating that if the Board determines that there is sufficient change to rehear the case, it must be heard at a subsequent meeting. Kelly Steele of the Broadway Group, LLC, petitioner’s representative, presented the request for a rehearing of their request to reduce the required 94 parking stalls to 52. She stated that they have
redesigned the parking lot to accommodate 52 parking spaces which is an increase of 17 spaces from the 35 spaces initially requested. Vice-Chairman Knapp opened the public hearing. He reiterated that the request was for consideration of a rehearing only. The following made comments: Jerry Cimis, 141 N. Chestnut Street, stated that he’d recommend that the waiver be approved on
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Prattville Board of Zoning Adjustment February 11, 2020 Minutes Page 2 of 2
condition and would be in agreement that they could do less parking for improved aesthetics.
Jon Lee Finnegan, 211 Deer Trace, would be in favor of a re-hearing.
Debra Salvador, 1608 Ashwood Drive, stated she was against the re-hearing. Bill Pearson, 691 Co Rd. 19, Autaugaville, supported the re-hearing.
After no further comments, the public hearing was closed.
Vice-Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. Barrett moved to grant a rehearing for a variance on the same property in fewer than 365 days. Mr. Parker seconded the motion. The motion to approve passed unanimously. The BZA voted to call a special meeting for the rehearing of a variance request for 428 East Main Street on Tuesday, February 18, 2020 at 4:00 p.m. MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:30 p.m. Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
CITY OF PRATTVILLE
Planning Department Staff Report
Board of Zoning Adjustment
Variance 200211-01:
MEETING DATE: February 11, 2020
PETITIONER: The Broadway Group LLC
PROPERTY OWNER: Pearson Rope, LLC
SUBJECT SITE: 428 East Main Street
REQUEST: To reduce the number of required parking spaces
CURRENT ZONING: B-2 General Business
LOCATION: South side of East Main Street, between Pratt St and New Moon
Dr
FUTURE LAND-USE MAP: Mixed-Use- Commercial
SURROUNDING LAND North: Commercial (M-1)
USES AND ZONING: South: Single-Family Residential (B-2 & T-1)
East: Commercial/ Single-Family Residential (B-2 & T-1)
West: Commercial/ Single-Family Residential (B-2 & R-3)
DEVELOPEMNT STATUS & HISTORY:
Previous Variance Requests: Variance request (#190709-02) for parking denied; July 2019
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. Reduce the number of parking spaces from the required 94 to 52 (a reduction of 42 spaces)
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section
described below: Article 11. –Business Parking Requirements
Article 11, City of Prattville Parking Requirements
Retail Sales or service
establishment not
elsewhere specified
Three (3) spaces per first fifteen hundred (1500) square feet of gross floor
area plus one space per one hundred (100) square feet of gross floor area.
STAFF COMMENTS:
The Broadway Group appeared before the BZA in July 2019 requesting a reduction in parking on this
same property, and the request was denied. The Broadway Group has again applied for a variance for this
location request parking from the required 94 spaces to 52 spaces (the previous request was to reduce to
35 spaces).
Variance 200211-01| Page 2 of 1
Once the BZA has decided a request, no new application for a variance on the same property or portion
thereof shall be accepted for a 365-day period (Zoning Ordinance §37(c)).
Section 37(d):
However, during the 365-day period, the owner, or other party owning a legal interest in the property,
may request a hearing before the Board of Zoning Adjustment to present facts or evidence
demonstrating that conditions, as they existed at the time of the previous request, have changed
substantially to warrant consideration of a request for a variance or a use-on-appeal prior to the end of
the 365-day period.
1. Any applicant requesting a waiver of the 365-day period shall appear before the Board in
accordance with the regular application and hearing procedure.
2. If the Board finds, by the affirmative vote of four members, that conditions have substantially
changed and a waiver warranted, the applicant may submit a new application. Such new
application shall be heard at a subsequent meeting, and shall be subject to all regular
advertising and procedural requirements.
3. Allowing a new application and hearing does not obligate the Board to grant the requested
action.
The purpose of the 2/11/2020 meeting will be to determine if there has been enough change in the
conditions since the previous request. The variance hearing must occur at a subsequent meeting.
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