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BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP
DIRECTOR
CITY OF PRATTVILLE
BOARD OF ZONING ADJUSTMENT
A G E N D A
June 9, 2020
4:00pm
Call to Order:
Roll Call:
Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., and Mrs. Jerry Schannep.
Minutes:
May 12, 2020
Old Business:
1. 200414-02 USE-ON-APPEAL:
To operate a home lawn care business.
648 Vintage Way
R-5 (Patio Garden Homes)
Brandon Vaughn, Petitioner
Tabled 5/12
Public Hearing
District 7
New Business:
2. 200609-01 USE-ON-APPEAL:
To allow use of a camper park in a FAR Zoning District.
1015 Loren Street
FAR (Forest, Agricultural, Recreation)
George Walthall, III, Petitioner
Public Hearing
District 2
3.200609-02 VARIANCE:
To allow a carport encroachment.
1809 Tara Drive
R-2 (Single Family Residential)
Miles Bishop, Petitioner
Public Hearing
District 5
4. 200609-03 USE-ON-APPEAL:
To allow a single family residence in a M-1 Zoning District.
480/490 Upper Kingston Road
M-1 (Light Industrial)
Gina Grier, Petitioner
Public Hearing
District 2
5. Proposed Amendments: Board of Zoning Adjustment By-Laws
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. DRAFT
Variance 200609-01 Page 1
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
SUMMARY FACTS # Variance 200609-01:
PETITIONER: George Walthall III
PROPERTY OWNER: George Walthall III
SUBJECT SITE: 1015 Loren Street
REQUEST: The owner is requesting use on appeal to create a Recreational
Vehicle (RV) Park
CURRENT ZONING: FAR – Forest, Agricultural, Recreation
LOCATION: 1015 Loren Street
SURROUNDING LAND North: Unincorporated / Forest, Agricultural, Recreation (FAR)
USES AND ZONING: South: Forest, Agricultural, Recreation (FAR)
East: Forest, Agricultural, Recreation (FAR)
West: Forest, Agricultural, Recreation (FAR)
DEVELOPEMNT STATUS & HISTORY:
Previous Variance Requests/Approval: No Previous Requests for subject property
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1.A Use-on-Appeal has been requested to create a Recreational Vehicle (RV) Park on subject
property
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section
described below: Section 74. – Forest, Agricultural, Recreation.
Section 74
USES PERMITTED: General and specialized farming, forestry and agricultural
uses, except commercial feed lots; roadside stands for the sale of produce
raised on the farm premises. Conservation areas and structures for the
development, protection, preservation and conservation of open space,
watersheds, water, soil, forest and wildlife resources. Parks, playgrounds, play
fields, general recreation facilities, golf courses and clubhouses. Single-family
detached dwellings. Accessory structures or use customarily incidental to any
of the aforementioned permitted uses. Home occupations only in accordance
with the provisions specified in Article 6.
USES PERMITTED ON APPEAL: Churches and other places of worship, DRAFTAGENDA ITEM #1
Variance 200609-01 Page 2
schools offering general education courses, clubs not conducted for profit,
outdoor advertising signs and structures, plant nurseries and greenhouses,
hospitals, sanitariums, nursing homes and orphanages, resorts, campgrounds,
riding academies and stables, airports, sanitary landfills, quarries, railroad
rights-of-way, cemeteries, and essential community facilities. Accessory
structures or uses customarily incidental in any of the aforementioned
conditional uses.
USES PROHIBITED: All uses not permitted or permitted on appeal are
prohibited.
Article 1. Section
5.b. Building lots,
yards and open
spaces
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.
STAFF ANALYSIS:
The applicant is proposing to establish parking sites for recreational vehicles (RVs) mixed within the
existing mobile home park on Loren Street. Approximately 10 mobile homes are currently parked and
inhabited at the property. Applicant proposes to enhance seven (7) existing spots that are currently vacant
to more appropriately fit RVs. These spots formerly had mobile homes on them that have already been
removed. Long term, the applicant envisions more RV lots once existing mobile homes are vacated and
moved off the property. Applicant currently owns approximately half of the mobile homes on the property
and leases them to tenants. The remaining mobile homes that the property owner does not own lease a lot
from the property owner. The applicant proposes to lease lots for the RVs proposed.
Applicant has made minor improvements to the proposed RV sites including raised pads with gravel and
slag in front of the mobile home/RV parking spots. Applicant has also made some improvements to the
mobile homes in which he owns on the property.
Based on staff conversations with applicant, he intends to lease the RV spots on a month-to-month basis.
Property is not on municipal sewer system and instead uses large septic facility serving all mobile homes
on property. Property is also on one master water meter.
The Board should make the following determinations:
1.The proposed use will not be contrary to the public interest and will be in the spirit of the zoning
ordinance.
2.Permitting this request will not establish a use prohibited in the FAR zoning district.
a.Campground is listed as a Use Permitted on Appeal in the zoning ordinance (§74).
3.The proposed use will not cause a substantial adverse impact on property or improvements in the
vicinity or in this FAR district.
The following are suggested questions, additional information, and/or conditions that may be considered:
1.Are the proposed RV lots for permanent parking or temporary parking?DRAFTAGENDA ITEM #1
Variance 200609-01 Page 3
2.Ingress/egress to property – how often will RVs be moved in and out of this property?
3.What size and type of RVs are expected on these parking spaces? (motorhomes, pull behind
campers, popup campers, etc.)
4.Where will the RV residents park personal vehicles?
5.Will improvements be made to the RV sites to allow easy in and out of the RV?
6.What utilities are available? (Sewer or Septic? Water? Power?)
7.Is existing wastewater infrastructure in good repair and will will existing septic system
accommodate additional capacity of proposed recreational vehicles?
Section 68. - Definitions
Camping and recreational equipment. As used in this ordinance, "camping and recreational equipment" is
defined and shall include the following:
Recreational vehicle. A recreational vehicle is a vehicular-type structure, primarily designed as
temporary living quarters for recreation, camping or travel use, which either has its own motive
power or is mounted on or drawn by another vehicle which is self-powered. With allowances for
engineering variations, the basic entities are:
a)A "travel trailer" is a vehicular portable structure, mounted on wheels, of such a size or weight as
not to require special highway movement permits when drawn by a stock passenger automobile,
primarily designed and constructed to provide temporary living quarters for recreation, camping
and travel use.
b)A "camping trailer" is a vehicular portable structure, mounted on wheels, constructed with
collapsible partial side walls of fabric, plastic, or other pliable material for folding compactly
while being drawn by another vehicle, and, when unfolded at the site or location, providing
temporary living quarters, and whose primary design is for recreation, camping or travel use.
c)A "truck camper" is a portable structure, designed to be loaded onto, or affixed to, the bed or
chassis of a truck, constructed to provide temporary living quarters for recreation, camping, or
travel use.
d)A "motor home" is a structure built on and made an integral part of a self-propelled motor vehicle
chassis other than a passenger car chassis, primarily designed to provide temporary living
quarters for recreation, camping, and travel use.
e)Vehicle shall also include any boat or vehicle designed to be used on waterways, lakes, rivers, or
any other large body of water.
PLANNING STAFF EVALUATION:
Reviewed by: Darrell Rigsby, Senior Planner
Recommendation: DRAFTAGENDA ITEM #1
LOREN STREYNOLDS MILL RDLOREN ST
REYNOLDS MILL RD
Aerial Map - Loren St-1015 (Walthall Mobile Home Park)
±
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Subject Area
Address Points
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Autauga Tax Parcels
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Feet Locations are approximateDRAFTAGENDA ITEM #1
CO
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G S RD
REYNOLDS MILL RD LANGFORD LNLANGFORD CTLANGFORD DRSPRING STINDUSTRIAL PARK RDLANGFORD
WAY
LOREN ST LANGFORD CTLocation Map - Loren St-1015 (Walthall Mobile Home Park)
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LOREN STREYNOLDS MILL RDLOREN ST
REYNOLDS MILL RD
F.A.R.
B-1
Zoning Map - Loren St-1015 (Walthall Mobile Home Park)
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B-1
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0 250125
Feet Locations are approximateDRAFTAGENDA ITEM #1
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Variance 200609-02 Page 1
CITY OF PRATTVILLE
Board of Zoning Adjustment
Planning Department Staff Report
SUMMARY FACTS # Variance 200609-02:
PETITIONER: Tri-County Screen Enclosures
PROPERTY OWNER: Michelle Leigh Hamby
SUBJECT SITE: 1809 Tara Drive
REQUEST: The owner is requesting a variance to build a carport within the
required setback.
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: 1809 Tara Drive
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: Single-Family Residential (R-2)
East: Single-Family Residential (R-2)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Variance Requests/Approval: No Previous Approvals
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. A variance has been requested for a carport that will not meet the minimum side setback of
10ft.
2. The petitioner is requesting to build a carport within 3’9” of the property line.
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section
described below: Section 71. - Residential district requirements.
Section 71 MINIMUM YARD SIZE: Front Yard: 35 feet; Rear Yard: 40 feet; Side Yard: 10 feet. DRAFTAGENDA ITEM #2
Variance 200609-02 Page 2
STAFF ANALYSIS:
The applicants request is for a proposed open frame carport structure and is depicted in the attached site
plan submitted with an initial accessory structure permit application. Per the applications hand drawn site
plan, the carport is going to be attached to the dwelling, therefore it has to meet the R-2 side setback of
10ft. If the carport was unattached to the dwelling it would only have to meet a 5ft. setback because it
would be considered an Accessory Structure but the 5ft setback would still overlap unto the adjoining
property located to the left 1809 Tara.
PLANNING STAFF EVALUATION:
Reviewed by: Tommie Williams, Planner
Recommendation: The board shall determine if a legitimate hardship is found with the placement of the
proposed structure. A distinctive topographic variation, unique lot layout, or
something that results from conditions that are unique to the property can hold
standing as hardship. The hardship shall not be self-created. DRAFTAGENDA ITEM #2
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Subject Area
Autauga Tax Parcels
0 10050
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Aerial Map - 1809 Tara Drive
DRAFTAGENDA ITEM #2
TARA DR
SHEILA BLVDAUTUMN RDSWEET RIDGE RDSEASONS DR
SUMMERLN
WINTERP L
DANIEL PRATTHARVEST LPAUTUMN CT EAUTUMN CT WSEASONS CTTARA DRSHEILA BLVDAUTUMN RDSWEET RIDGE RDSEASONS DR
SUMMER LN
WINTER PL
DANIEL PRATT
HARVEST LP AUTUMN CT E±
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Location Map - 1809 Tara Drive
DRAFTAGENDA ITEM #2
TARA DR AUTUMN RDTARA DR AUTUMN RDR-2
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Zoning Map - 1809 Tara Drive
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CITY OF PRATTVILLE
Board of Zoning Adjustments
Planning Department Staff Report
SUMMARY FACTS # Variance 200609-03:
PETITIONER: Gina Grier
PROPERTY OWNER: Same
SUBJECT SITE: 480/490 Upper Kingston Road
REQUEST: Construction of a single family residence
CURRENT ZONING: M-1 (Light Industrial)
LOCATION: 480/490 Upper Kingston Road
FUTURE LAND-USE MAP: Low-Density Residential
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: Light Industrial (M-1)
East: Light Industrial (M-1)
West: Light Industrial (M-1)
DEVELOPEMNT STATUS & HISTORY:
Previous Variance Requests/Approval: No Previous Approvals
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. Construct a single-family resident in an M-1 zoned district.
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section
described below: Section 73. - Industrial business requirements. DRAFTAGENDA ITEM #3
Use Regulation
M-1
(Light
Industry)
USES PERMITTED ON APPEAL:
Any manufacturing or business use not specifically prohibited herein, including metal
fabrications. Any use permitted or permitted on appeal in an R-3 Residential
District, and subject to all district requirements of said district as specified in Section
71 hereof.
STAFF ANALYSIS:
The applicants request is for a proposed single family dwelling in an M-1 zoned district. The fabric of the
neighborhood is residential throughout, even though the district is zoned M-1. To the north, east, west,
and south are single-family dwellings. Located directly north of 480/490 Upper Kingston the zoning is R-
2.
PLANNING STAFF EVALUATION:
Reviewed by: Tommie Williams, Planner
Recommendation: The board shall determine if the petitioner is disrupting the character of the
neighborhood and since the surrounding area is predominately residential the
Planning Department recommends approval. DRAFTAGENDA ITEM #3
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1 0 2 W e s t M a i n S t r e e t \ P r a t t v i l l e , A L 3 6 0 6 7 \ 334. 5 9 5 . 0 5 0 0 \ p r a t t v i l l e a l . g o v
BILL GILLESPIE, JR.
MAYOR
J.SCOTT STEPHENS, AICP
DIRECTOR
MEMORANDUM
TO: Board of Zoning Adjustment
FROM: J.Scott Stephens, Planning Director
DATE: June 4, 2020
RE: BZA Rules and Bylaws
The current “General Governing Rules and Operating Procedures” of the BZA were adopted April 1,
1975 (attached). These rules reference a previous state code, and they are over 45 years old, so it is
my recommendation that the BZA consider adopting a new set of rules.
Please see the attached draft resolution of recommended rules and bylaws. If you have any
questions or recommended changes, please let me know. These are proposed to be on the June 18,
2020, BZA agenda for consideration. DRAFTAGENDA ITEM #5
RESOLUTION 1
Prattville Board of Zoning Adjustment 2
Adoption of Rules for Transaction of Business 3
[DATE] 4
5
Whereas, Section 11-52-80 of the Code of Alabama, 1975, requires boards of zoning adjustment 6
to adopt rules; and 7
Whereas, the Prattville Board of Zoning Adjustment desires to adopt new rules and bylaws. 8
Now, Therefore, Be It Resolved, that the Prattville Board of Zoning Adjustment adopts the 9
following: 10
11
Prattville Board of Zoning Adjustment 12
Rules and Bylaws 13
1. Powers, Duties, and Composition 14
The powers, duties, and composition of the Prattville Board of Zoning Adjustment 15
(hereafter referred to as “the Board”) shall be as specified in Title 11, Chapter 52 of the 16
Code of Alabama 1975, as amended, and those powers and duties delegated to the Board 17
by the City Council of the City of Prattville, Alabama. 18
2. Officers and Their Duties 19
a. The officers of the Board shall consist of a Chairman, a Vice-Chairman, and a 20
Secretary. 21
b. The Board shall elect its Chairman and Vice-Chairman from among the regular 22
members. The term of offices of the Chairman and Vice-Chairman shall be one 23
year or until a new officer is duly elected, with eligibility for reelection. Officer 24
elections shall be held during the first meeting of each year, and the new officers 25
will begin their office at the next scheduled meeting after their election 26
c. In the event the Chairman resigns or is no longer able to continue the office for 27
any reason, then the Vice-Chairman shall fill the unexpired term of the office of 28
Chairman and the Board shall elect a new Vice-Chairman for the remainder of the 29
unexpired term of Vice-Chairman. 30
d. The Chairman shall preside at all meetings and hearings of the Board and shall 31
decide all points of order or procedure and perform any duties required by law, 32
ordinance, these rules, or the Board. The Chairman shall have the authority to 33
appoint and charge any committees as necessary. The Chairman may administer 34
oaths and compel the attendance of witnesses, and shall call upon the 35
supernumerary members as needed. The Vice-Chairman shall preside in the 36
absence of the Chairman. In the event that neither the Chairman nor Vice-37
Chairman is present or is unable to act, an Acting Chairman shall be chosen from 38
among the members present for that meeting. 39
e. The Secretary of the Board shall be the Director of the Planning and Development 40
Department, or a staff member as designated by the director. The Secretary shall 41
keep the minutes and records of the Board, prepare the agenda of meetings with 42
the Chairman, provide and arrange notice of meetings, attend to correspondence 43
of the Commission, and to other duties as are normally carried out by a Secretary. 44
3. Meetings 45
a. Meetings of the Board shall be held at the call of the Chairman and at such other 46
times as the board may determine. Regular meeting dates and times shall be on 47
the second Tuesday of the month at 4:00pm, at Prattville City Hall in the council 48
chambers. Additional meetings may be scheduled by the Chairman as needed. If 49
meetings need to be rescheduled for holidays or other events, the new date and 50
time shall be duly posted. 51
b. Not fewer than four members shall be a quorum for the conduct of official 52
business. 53
c. The Board shall follow the rules contained in the current edition of Robert’s Rules 54
of Order in cases they are applicable and not inconsistent with these rules, or 55
other applicable rules, regulations, or laws. 56
d. The order of business at regular meetings should generally follow the order stated 57
below, but may be changed at the discretion of the Chairman: 58
i. Call to order 59
ii. Roll call and establishment of a quorum 60
iii. Approval of minutes of previous meeting(s) 61
iv. Committee reports 62
v. Old business 63
vi. New business, including any public hearing required with each agenda 64
item. 65
vii. Other and miscellaneous business 66
viii. Adjournment 67
68
e. Presentation of items should generally follow the order stated below, but may be 69
changed at the discretion of the Chairman: 70
71
i. The Chairman calls for the next agenda item 72
ii. The Planning Director or designee provides a summary of the request 73
iii. The applicant or petitioner presents his or her request and provides 74
information in support of the application, and answers any questions from 75
the Board 76
iv. The Planning Director or designee provides a staff report and answers any 77
questions from the Commission 78
v. If a public hearing is needed, the Chairman will ask for anyone present 79
who would like to provide input regarding the request 80
vi. The Board members may discuss details and issues raised, and may ask 81
questions of the applicant, city staff, or other parties 82
vii. The Chairman will call for a motion to be read and a second, and the 83
Chairman may ask if further discussion is needed 84
viii. The vote will be called, and the Chairman announces the result 85
86
f. Meeting Decorum 87
i. Speakers shall observe the commonly accepted rules of courtesy, 88
decorum, dignity, and good taste. All comments, questions, or remarks 89
shall be addressed to the Chairman or the Board as a body and not to 90
members of the audience or the petitioner. Interested parties or their 91
representatives may address the Board by written communications, a copy 92
of which shall be provided to the Secretary either before or during the 93
meeting. 94
ii. Those wishing to speak for or against the petition may have no longer than 95
three minutes to speak, provided that the Chairman has the discretion to 96
grant additional time to a speaker who is presenting pertinent material or 97
whose presentation is incomplete after the expiration of time. Speakers 98
may be interrupted by any member of the Board for clarification or 99
additional information, and those interruptions will not count against the 100
speaker’s time. At the discretion of the Chairman, a speaker may address 101
the Commission a second time, but only after all others have been given 102
an opportunity to speak. The Chairman may also grant additional time to 103
an individual representing a homeowners’ association or other large group. 104
iii. The Chairman reserves the right to require an individual wishing to speak 105
on behalf of another person, group, or entity to provide written 106
authorization from the person, group, or entity being represented. 107
108
g. All meetings of the Board shall be open to the public. 109
110
h. Notice of meetings and public hearings shall be performed as specified in Title 111
11, Chapter 52 of the Code of Alabama 1975, as amended, and/or as required by 112
the Alabama Open Meetings Act. The Secretary may employ supplemental 113
notification procedures (yard signs, electronic notification, etc) to ensure that 114
interested parties are aware of pending cases, but the failure of any such 115
supplemental notification procedures shall not invalidate any lawful action or 116
decision of the Board. 117
118
4. Conflicts of Interest and Member Conduct 119
a. In the case a Board member has a direct personal interest, pecuniary interest, or 120
other conflict, the member shall recuse himself or herself from discussion on the 121
case and abstain from voting on the case. 122
b. Board members are advised to not discuss pending cases with members of the 123
public outside of the public meeting, and if attempted ex parte contact persists, the 124
member should disclose such contact at the Board meeting. Any written material 125
received by members shall be given to the Secretary for incorporation into the 126
files. 127
c. Board members shall avoid all improper conduct and the appearance of 128
impropriety including showing bias for or against a petitioner, individual, or 129
group, or criticizing the vote or comments of any member of the Board. 130
131
5. Amending and Review of Rules 132
a. Amendments to these rules shall require the affirmative vote of four members of 133
the Board. 134
b. The Board shall review these rules annually at the same meeting as officer 135
elections. 136
137
Be It Further Resolved, that these rules supersede and replace any previously adopted rules or 138
bylaws. 139
140
141
142
APPROVED: 143
144
145
___________________________________________ 146
Jerry Crosby, Chairman 147
148
149
ATTEST: 150
151
152
____________________________________________ 153
Alisa Morgan, Secretary 154
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