2007-July 14 BZA Pkt-DRAFT
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
CITY OF PRATTVILLE
BOARD OF ZONING ADJUSTMENT
A G E N D A
July 14, 2020
4:00pm
Call to Order:
Roll Call:
Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., Mr. Greg Duke, and Mrs. Jerry Schannep.
Minutes:
June 9, 2020
Old Business:
1. Proposed Amendments: Board of Zoning Adjustment By-Laws
Tabled 5/12
New Business:
2. 200714-01 USE-ON-APPEAL:
To operate a home lawn care business.
109 Newby Street
R-3 (Single Family Residential)
Patrick Parks, Petitioner
Public Hearing
District 2
3. 200714-02 USE-ON-APPEAL:
To operate a home maintenance business.
304 Janice Street
R-2 (Single Family Residential)
Mark L. Davis, Petitioner
Public Hearing
District 5
4. 200714-03 VARIANCE:
To allow a covered patio encroachment.
103 Jane Court
R-2 (Single Family Residential)
Matthew Darby, Petitioner
Public Hearing
District 3
5. 200714-04 VARIANCE:
To allow a room addition encroachment.
1909 Dundee Drive
R-3 (Single Family Residential)
Thao Nguyen, Petitioner
Public Hearing
District 4
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
June 9, 2020 Minutes
Page 1 of 4
City of Prattville Board of Zoning Adjustment 1
Minutes 2
June 9, 2020 3
4
5
CALL TO ORDER: 6
The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by 7
Chairman Jerry Crosby at 4:00 p.m. on Tuesday, June 9, 2020. 8
9
ROLL CALL: 10
Present: Chairman Jerry Crosby, Vice Chairman Charles Knapp, Mr. Billy Barrett, Mr. Greg Duke and 11
Ms. Jerry Schannep. Absent: None. 12
13
Quorum Present 14
15
Staff present: Mr. Scott Stephens, City Planner and Ms. Alisa Morgan, Secretary. 16
17
OLD BUSINESS: 18
USE-ON-APPEAL 19
To operate a home lawn care business. 20
648 Vintage Way 21
R-5 (Patio Garden Homes) 22
Brandon Vaughn, Petitioner 23
24
The use-on-appeal request for a home lawn care at 648 Vintage Way was postponed at the previous 25
meeting (5/12/20) since there was no representative present. 26
27
Mr. Stephens provided the staff report for a use-on-appeal to allow home occupation for lawn care 28
business on property currently zoned as R-5, Patio Garden Homes for single family residential, located 29
at 648 Vintage Way. 30
31
Brandon Vaughn, petitioner, presented the request for a use-on-appeal to allow for a lawn care 32
business on property at 648 Vintage Way. He stated that the equipment would be stored in the garage. 33
34
Chairman Crosby opened the floor for public comments. There being none, the public hearing was 35
closed. 36
37
Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 38
Barrett moved to establish the findings of fact stating that 1) the proposed home occupation is an 39
allowable use-on-appeal, and is not a prohibited use in a R-5 district, 2) development of the proposed 40
use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance, and 3) the 41
proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. 42
Knapp seconded the motion. The motion to approve the findings of fact passed unanimously. 43
44
After no further discussion, the vote was called. Mr. Barrett moved to approve the request as 45
submitted based on the approved findings of fact. Mr. Knapp seconded the motion. The motion to 46
approve passed unanimously. 47
48
The BZA voted to approve the use-on-appeal to operate a home lawn care business on property located 49
at 648 Vintage Way. 50
51
52
53
54
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June 9, 2020 Minutes
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NEW BUSINESS: 56
USE-ON-APPEAL 57
To allow use of a camper park in a FAR Zoning District. 58
1015 Loren Street 59
FAR (Forest, Agricultural, Recreation) 60
George Walthall, III, Petitioner 61
62
Mr. Stephens provided the staff report for a use-on-appeal to allow a camper park use on property 63
currently zoned as FAR, Forest, Agricultural, Recreation, located at 1015 Loren Street. He stated that 64
the property is currently used for mobile home lots. He stated that the property currently uses a septic 65
tank and the petitioner must coordinate with the county’s health department on sewer requirements. 66
67
George Walthall, III, petitioner, presented the request to allow a camper park use on property located 68
at 1015 Loren Street. He stated that the existing mobile homes would remain and the campers would 69
utilize the current vacant lots. 70
71
Chairman Crosby opened the public hearing. 72
73
Kristy Cumbie, 405 Reynolds Mill Road, also representing her mother, Lois Reynolds, 410 Reynolds 74
Mill Road, spoke in opposition to the request. She stated that she was concerned and doesn’t want the 75
park to encroach onto their property. 76
77
After no further comments, the public hearing was closed. 78
79
Mr. Walthall addressed the public comment stating that he will get the property surveyed to ensure that 80
there is no encroachment onto other properties. He stated that there are currently 6 vacant lots on the 81
property which has a total of 19 lots. 82
83
Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 84
Knapp moved to establish the findings of fact stating that 1) the proposed RV Park is an allowable use-85
on-appeal, and is not a prohibited use in a FAR district, 2) development of the proposed use is in the 86
public interest and meets the spirit of the City of Prattville Zoning Ordinance, and 3) the proposed use 87
will not cause substantial adverse impact to adjacent or nearby properties or uses. Mrs. Schannep 88
seconded the motion. The motion to approve the findings of fact passed unanimously. 89
90
After no further discussion, the vote was called. Mr. Barrett moved to approve the request based on 91
the approved findings of fact contingent that approval is granted for the number of existing lots only, 92
expansion beyond the existing would require additional BZA approval. Mr. Duke seconded the 93
motion. The motion to approve passed unanimously as recorded. 94
95
The BZA voted to approve the use-on-appeal to allow use of a camper park in a FAR Zoning District 96
with contingencies on property located at 1015 Loren Street. 97
98
VARIANCE 99
To allow a carport encroachment. 100
1809 Tara Drive 101
R-2 (Single Family Residential) 102
Miles Bishop, Petitioner 103
104
Mr. Stephens provided the staff report for a variance to allow a carport to encroach into the side yard 105
setback. The property currently zoned as R-2, Single Family Residential, located at 1809 Tara Drive 106
requires a 10 foot side setback for an attached carport. He stated that the petitioner is requesting to 107
build the carport within 3.9 feet of the property line. 108
109
Charles Nelson along with Robin Nelson of Tri-County Screen Enclosures, petitioner’s representative, 110 DRAFT
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Prattville Board of Zoning Adjustment
June 9, 2020 Minutes
Page 3 of 4
presented the variance request to allow a carport to encroach into the side yard setback on property 111
located at 1809 Tara Drive. He stated that gutter would be placed to drain with the current natural 112
flow. 113
114
Mrs. Nelson explained that the petitioner has an invalid child and it is necessary for them to have the 115
carport covering for the child. 116
117
Chairman Crosby opened the floor for public comments. There being none, the public hearing was 118
closed. 119
120
Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 121
Duke moved to establish the findings of fact stating that 1) special conditions and circumstances exist 122
which are peculiar to the land, structure, or building involved and which are applicable to other lands 123
structures, or buildings in the same zoning district; 2) that a literal interpretation of the zoning 124
ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same 125
district under the terms of the zoning ordinance. Mr. Barrett seconded the motion. The motion to 126
approve the findings of fact passed unanimously. 127
128
After no further discussion, the vote was called. Mr. Knapp moved to approve the request as 129
submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to 130
approve passed unanimously. 131
132
The BZA voted to approve the variance to allow a carport encroachment on property located at 1809 133
Tara Drive. 134
135
USE-ON-APPEAL 136
To allow a single family residence in a M-1 Zoning District. 137
480/490 Upper Kingston Road 138
M-1 (Light Industrial) 139
Gina Grier, Petitioner 140
141
Mr. Stephens provided the staff report for a use-on-appeal to allow a single family residence in a M-1 142
zoning district on property located at 480/490 Upper Kingston Road. He stated that the use is allowed 143
in the district with the Board’s approval. 144
145
Gina Grier, petitioner, presented the request to allow a single family residence on property located at 146
480/490 Upper Kingston Road. She stated that there are no plans to operate a business on the lot. The 147
existing structures will remain with the smaller structure becoming the base of the resident and the 148
barn like structure will be improved for a workshop. 149
150
Chairman Crosby opened the floor for public comments. 151
152
Jon Lee Finnegan, 211 Deer Trace asked questions about the use of the barnlike structure. 153
154
Travis Grier, 341 Bedford Terrace, spoke in favor of the request. 155
156
After no further comments, the public hearing was closed. 157
158
Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 159
Knapp moved to establish the findings of fact stating that 1) the proposed residential use is an 160
allowable use-on-appeal, and is not a prohibited use in a M-1 district; 2) development of the proposed 161
use at 480/490 Upper Kingston Road is in the public interest and meets the spirit of the City of 162
Prattville Zoning Ordinance; and 3) the proposed use will not cause substantial adverse impact to 163
adjacent or nearby properties or uses. Mr. Barrett seconded the motion. The motion to approve the 164
findings of fact passed unanimously. 165 DRAFT
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166
After no further discussion, the vote was called. Mr. Duke moved to approve the request as submitted 167
based on the approved findings of fact. Mr. Barrett seconded the motion. The motion to approve 168
passed unanimously. 169
170
The BZA voted to approve the use-on-appeal to allow a single family residence in a M-1 Zoning 171
District on property located at 480/490 Upper Kingston Road. 172
173
Proposed Amendments: Board of Zoning Adjustment By-Laws 174
175
Mr. Stephens introduced to the BZA proposed changes to their current By-Laws. He recommended 176
posting action of the amendments to allow the Board time to further review the proposed changes. 177
178
Mr. Duke moved to postpone action of accepting the proposed amendments until the next meeting. 179
Mr. Barrett seconded the motion. The motion to table passed unanimously. 180
181
MINUTES: 182
Mr. Knapp moved to approve the minutes of the May 12, 2020, regular meeting. Mr. Barrett seconded 183
the motion. The motion to approve passed unanimously. 184
185
MISCELLANEOUS: 186
187
ADJOURN: 188
After no further comments, questions, or discussion the meeting was adjourned at 4:54 p.m. 189
190
Respectfully submitted, 191
192
193 194
Alisa Morgan, Secretary 195 DRAFT
RESOLUTION 1
Prattville Board of Zoning Adjustment 2
Adoption of Rules and Bylaws 3
July 14, 2020 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 office 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 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 Board, 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. Typical 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. Committee reports 61
iv. Old business 62
v. New business, including any public hearing required with each agenda 63
item. 64
vi. Approval of minutes of previous meeting(s) 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 Board 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 Board a second time, but only after all others have been given an 102
opportunity to speak. The Chairman may also grant additional time to an 103
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 not to 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
Page 1 of 2
Board of Zoning Adjustment
Staff Report
Use On Appeal 200714-01
MEETING DATE: July 14, 2020
PETITIONER: Patrick Parks
PROPERTY OWNER: Patrick Parks
SUBJECT SITE: 109 Newby Street
REQUEST: To operate a home lawn care business
CURRENT ZONING: R-3 Residential
LOCATION: Chestnut Hills subdivision
SURROUNDING LAND North: Single-Family Residential (R-3)
USES AND ZONING: South: Single-Family Residential (R-3)
East: Single-Family Residential (R-3)
West: Single-Family Residential (R-3)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Use on appeal in order to operate a home occupation for lawn care service
ZONING ORDINANCE REFERENCED:
Section 69.1 addresses home occupations and states that home occupations are to be “limited in extent and clearly
incidental and secondary to the use of the property for residential purposes.”
‘Tier 2 Home Occupations’ require use-on-appeal approval from the BZA, and lawn care is listed specifically as a Tier 2
use.
ANAYLSIS/EVALUATION:
Below is the staff assessment of the three general question applicable to uses-on-appeal:
1. Is the proposed use an allowable use-on-appeal, and not a prohibited use in an R-3 district?
The requested use is an allowable use-on-appeal. The proposed use is not a prohibited use in an R-3 district.
2. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of Prattville
Zoning Ordinance?
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Page 2 of 2
The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. A
lawn care business is specifically listed as a use permitted on appeal (§69.1) in the Zoning Ordinance.
3. Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses?
The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in
this R-3 district, if equipment is properly stored.
The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances
of the city. The Board shall make written findings determining that the proposed use-on-appeal will not (§35):
1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed;
2. Permit the establishment of a use prohibited in the zoning district; or
3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the
proposed use is located.
The following are suggested questions, additional information, and/or conditions that may be considered:
1. Parking and equipment – where will vehicles and equipment (e.g. trailers) be parked? Section 69.1(2)(d) states
“Any business-related materials or equipment, including trailers, must be kept inside the home or fully enclosed
behind a fence. On lots larger than one acre, materials or equipment may be located in rear or side yards, at least
fifty feet (50') from property line, without being enclosed.” The subject property is approximately 0.19 acres.
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7TH STN COURT ST8TH ST
9TH ST
NEWBY ST
MARTIN LUTHER KING JR DRCOSBY CT
FAULK QTRSE A S Y S TLocation Map - 109 Newby Street
±
Legend
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Address Points
Streets
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0 500250
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NEWBY ST
Aerial Map - 109 Newby Street
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0 10050
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NEWBY ST
R-3
Zoning Map - 109 Newby Street
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Page 1 of 2
Board of Zoning Adjustment
Staff Report
Use On Appeal 200714-02
MEETING DATE: July 14, 2020
PETITIONER: Mark L. Davis
PROPERTY OWNER: Christina L. Ortega
SUBJECT SITE: 304 Janice Street
REQUEST: To operate a fence and deck company
CURRENT ZONING: R-2 Residential
LOCATION: Overlook Estates subdivision
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: General Business (B-2)
East: Single-Family Residential (R-2)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1. Use on appeal in order to operate a home occupation for fence and deck company
ZONING ORDINANCE REFERENCED:
Section 69.1 addresses home occupations and states that home occupations are to be “limited in extent and clearly
incidental and secondary to the use of the property for residential purposes.”
‘Tier 2 Home Occupations’ require use-on-appeal approval from the BZA, and “lawn care or landscaping businesses,
home maintenance,…” is listed specifically as a Tier 2 use.
ANAYLSIS/EVALUATION:
Below is the staff assessment of the three general question applicable to uses-on-appeal:
1. Is the proposed use an allowable use-on-appeal, and not a prohibited use in an R-2 district?
The requested use is an allowable use-on-appeal. The proposed use is not a prohibited use in an R-2 district.
2. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of Prattville
Zoning Ordinance?
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Page 2 of 2
The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. A
landscaping and home maintenance (fence and deck) business is listed as a use permitted on appeal (§69.1) in the
Zoning Ordinance.
3. Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses?
The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in
this R-2 district, if equipment is properly stored.
The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances
of the city. The Board shall make written findings determining that the proposed use-on-appeal will not (§35):
1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed;
2. Permit the establishment of a use prohibited in the zoning district; or
3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the
proposed use is located.
The following are suggested questions, additional information, and/or conditions that may be considered:
1. Parking and equipment – where will vehicles and equipment (e.g. trailers) be parked? Section 69.1(2)(d) states
“Any business-related materials or equipment, including trailers, must be kept inside the home or fully enclosed
behind a fence. On lots larger than one acre, materials or equipment may be located in rear or side yards, at least
fifty feet (50') from property line, without being enclosed.” The subject property is approximately 0.31 acres.
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TERI LN
JANICE STS MEMORIAL DR
CYNTHIA ST
PATTI LP
SHEILA BLVDIVEY LNLORI
STLocation Map - 304 Janice Street
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Streets
Autauga Tax Parcels
0 1,000500
Feet Locations are approximateDRAFT
JANICE ST
Aerial Map - 304 Janice Street
±
Legend
Subject Area
Streets
Autauga Tax Parcels
0 10050
Feet Locations are approximateDRAFT
JANICE ST
R-2
B-2
Zoning Map - 304 Janice Street
±
Legend
Subject Area
Streets
Autauga Tax Parcels
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B-2
0 10050
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Page 1 of 2
Board of Zoning Adjustment
Staff Report
Variance 200714-04
MEETING DATE: July 14, 2020
PETITIONER: Matthew Darby
PROPERTY OWNER: Matthew Darby
SUBJECT SITE: 103 Jane Court
REQUEST: Patio Cover encroachment on rear setback
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: Glennbrooke Subdivision
SURROUNDING LAND North: Single-Family Residential (R-2)
USES AND ZONING: South: Single-Family Residential (R-2)
East: Single-Family Residential (R-2 Undeveloped)
West: Single-Family Residential (R-2)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. A variance has been requested for a patio cover that will encroach the rear setback of 40ft.
2. The petitioner is requesting to build a patio cover that will encroach into the 40ft setback by 3 ½ ft. Owner
will be 36 ½ from 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.
MINIMUM SETBACK:
Front Yard: 35 feet;
Rear Yard: 40 feet;
Side Yard: 10 feet
ANAYLSIS/EVALUATION:
The applicants request is for a proposed open frame patio cover and is depicted in the attached site plan submitted with an
initial variance application. Per the applications site plan, the patio cover is going to be attached to the dwelling, therefore
it has to meet the R-2 rear setback of 40ft. DRAFT
Page 2 of 2
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 patio
cover. 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.
DRAFT
SYDNEY DR STROLLEY RD
OVERTON DRRIVERTON DRBENSON STTULLAHOMA DRMERCER DRH O U ST O N S T
JANE CT KENDRICK WYMEADOWVIEW LNW E S TO N ST
ESSEX STLocation Map - 103 Jane Court
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Aerial Map - 103 Jane Court
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R-2R-3
Zoning Map - 103 Jane Court
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Page 1 of 2
Board of Zoning Adjustment
Staff Report
Variance 200714-04
MEETING DATE: July 14, 2020
PETITIONER: Thao Nguyen
PROPERTY OWNER: Thao Nguyen
SUBJECT SITE: 1909 Dundee Drive
REQUEST: Sunroom encroachment to rear setback
CURRENT ZONING: R-3 (Single-Family Residential)
LOCATION: Highland Ridge Subdivision
SURROUNDING LAND North: Single-Family Residential (R-3)
USES AND ZONING: South: Single-Family Residential (R-3)
East: Single-Family Residential (R-3)
West: Single-Family Residential (R-3)
DEVELOPEMNT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF VARIANCE REQUEST:
1. A variance has been requested for a patio cover that will encroach the rear setback of 30ft.
2. The petitioner is requesting to build a patio cover that will encroach into the 30ft setback by 6ft. Owner will
be 24’ from 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.
MINIMUM SETBACK:
Front Yard: 25 feet;
Rear Yard: 30 feet;
Side Yard: 8 feet, 6 feet
ANAYLSIS/EVALUATION:
The applicants request is for a proposed sunroom is depicted in the attached site plan submitted with an initial variance
application. Per the applications site plan, the sunroom is going to be attached to the dwelling, therefore it has to meet the
R-3 rear setback of 30ft. Construction has already started as of 7/7/2020. DRAFT
Page 2 of 2
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
sunroom. 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.
DRAFT
LITTLE FARM RD
DUNDEE DR CHANCELLOR RIDGE RDREGENT RDCASTLEBROOK DRMCQUEEN SMITH RD NGRASMERE CT
MCQUEEN SMITH RD SMILL RIDGE CTLITTLE FARM PLTIMBER MILL CTLocation Map - 1909 Dundee Dr
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Aerial Map - 1909 Dundee Dr
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DUNDEE DR
R-3
Zoning Map - 1909 Dundee Dr
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