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2008-Aug 11 BZA Pkt-Draft102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICPDIRECTOR CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A August 11, 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: July 14, 2020 Old Business: 1.Proposed Amendments: Board of Zoning Adjustment By-Laws Tabled 6/9, 7/14 New Business: 2. 200811-01 VARIANCE:To allow an accessory dwelling unit. Eastwood Subdivision Phase 1, Lots 19 & 20 R-5 (Patio Garden Homes)Joseph & Meagan Boutin, Petitioners Public Hearing District 5 3.200811-02 USE-ON-APPEAL:To allow church use on property. 334 Old Farm Lane R-3 (Single Family Residential)Southern District C. E. F., Petitioner Public Hearing District 5 4. 200811-03 VARIANCE:To allow an accessory structure encroachment. 1816 Seasons Drive R-2 (Single Family Residential)Steve Callahan, Petitioner Public Hearing District 5 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 Daft Prattville Board of Zoning Adjustment July 14, 2020 Minutes Page 1 of 4 City of Prattville Board of Zoning Adjustment 1 Minutes 2 July 14, 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, July 14, 2020. 8 9 ROLL CALL: 10 Present: Chairman Jerry Crosby, Vice Chairman Charles Knapp, Mr. Billy Barrett, and Mr. Greg Duke. 11 Absent: Ms. Jerry Schannep. 12 13 Also present was Supernumerary Member, Mr. Neal Parker. 14 15 Quorum Present 16 17 Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie 18 Williams, Planner; and Ms. Alisa Morgan, Secretary. 19 20 Mr. Stephens discussed the city’s progress on updating the Comprehensive Plan called Project Prattville. 21 He stated that the next meeting would be held 6:00 p.m. on July 27, 2020 at the Doster Community 22 Center. 23 24 Action on the Bylaws amendment and approval of the minutes was moved to the end of the agenda. 25 26 NEW BUSINESS: 27 USE-ON-APPEAL 28 To operate a home lawn care business. 29 109 Newby Street 30 R-3 (Single Family Residential) 31 Patrick Parks, Petitioner 32 33 Mr. Stephens provided the staff report for a use-on-appeal to allow home occupation for lawn care 34 business on property currently zoned as R-3, Single Family Residential, located at 109 Newby Street. 35 36 Patrick Parks, petitioner, presented the request for a use-on-appeal to allow for a lawn care business on 37 property at 109 Newby Street. He stated that the equipment would be stored in an enclosed (6x12) 38 trailer in the rear. He stated that he plans to purchase additional equipment which would fit in the 39 current trailer. 40 41 Chairman Crosby opened the floor for public comments. There being none, the public hearing was 42 closed. He acknowledge letters received from neighbors. Sandra Davenport, property owner of 139 43 8th Street and Zenobia Marshall, 123 Newby Street; and Donna Myles (Garcia) 121 Newby Street. 44 45 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 46 Parker moved to establish the findings of fact stating that 1) development of the proposed use is in the 47 public interest and meets the spirit of the City of Prattville Zoning Ordinance; 2) the proposed home 48 occupation is not a prohibited use in a R-3 district; and 3) the proposed use will not cause substantial 49 adverse impact to adjacent or nearby properties or uses. Mr. Barrett seconded the motion. The motion 50 to approve the findings of fact passed unanimously. 51 52 After no further discussion, the vote was called. Mr. Duke moved to approve the request as submitted 53 based on the approved findings of fact. Mr. Barrett seconded the motion. The motion to approve 54 passed unanimously. 55 DRAFT Daft Prattville Board of Zoning Adjustment July 14, 2020 Minutes Page 2 of 4 56 The BZA voted to approve the use-on-appeal to operate a home lawn care business on property located 57 at 109 Newby Street. 58 59 USE-ON-APPEAL 60 To operate a home maintenance business. 61 304 Janice Street 62 R-2 (Single Family Residential) 63 Mark L. Davis, Petitioner 64 65 Mr. Stephens provided the staff report for a use-on-appeal to operate a home maintenance business on 66 property currently zoned as R-2, Single Family Residential, located at 304 Janice Street. 67 68 Mark Davis, petitioner, presented the request to operate a home maintenance business on property 69 located at 304 Janice Street. He stated that he builds fences and decks. He stated that materials are 70 delivered directly to job sites and some excess materials are stored in the existing workshop. 71 72 Chairman Crosby opened the public hearing. There being none, the public hearing was closed. 73 74 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 75 Barrett moved to establish the findings of fact stating that 1) the proposed home occupation is an 76 allowable use-on-appeal, and is not a prohibited use in a R-2 district; 2) development of the proposed 77 use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the 78 proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. 79 Knapp seconded the motion. The motion to approve the findings of fact passed unanimously. 80 81 After no further discussion, the vote was called. Mr. Knapp moved to approve the request based on 82 the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed 83 unanimously. 84 85 The BZA voted to approve the use-on-appeal to operate a home maintenance business on property 86 located at 304 Janice Street. 87 88 VARIANCE 89 To allow a covered patio encroachment. 90 103 Jane Court 91 R-2 (Single Family Residential) 92 Matthew Darby, Petitioner 93 94 Mr. Stephens provided the staff report for a variance to allow a covered patio to encroach into the rear 95 yard setback. The property currently zoned as R-2, Single Family Residential, located at 103 Jane 96 Court requires a 40 foot rear setback for the covered patio. 97 98 Matthew Darby, petitioner, presented the variance request to allow a covered patio to encroach into the 99 rear yard setback on property located at 103 Jane Court. He stated that he does not have neighbors to 100 the rear because his lot backs to a hill. 101 102 Mr. Parker stated that the petitioner has built a large house on a small lot and could build the structure 103 detached without violations. 104 105 Mr. Darby stated that he poured concrete prior to getting a permit and was not aware of setback 106 requirements. He stated that the patio would be more aesthetically appealing if it’s attached. He stated 107 that he was denied approval by his HOA because of the city’s denial. 108 109 Mr. Stephens stated that there are no direct neighbors to the rear. The adjacent rear property is 110 DRAFT Daft Prattville Board of Zoning Adjustment July 14, 2020 Minutes Page 3 of 4 reserved for open green space. 111 112 Chairman Crosby opened the floor for public comments. 113 114 Angela Witcher, 356 Sydney Drive South, spoke in favor of the request. 115 116 After no further comments, the public hearing was closed. 117 118 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 119 Barrett moved to establish the findings of fact stating that 1) that special conditions and circumstances 120 exist which are peculiar to the land, structure, or building involved and which are applicable to other 121 lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the zoning 122 ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same 123 district under the terms of the zoning ordinance; 3) that the special conditions and circumstances do 124 not result from actions of the applicant (self-imposed hardship); 4) that granting of a variance will not 125 confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or 126 buildings in the same district; 5) that granting of a variance is in harmony with the intent and purposes 127 of the zoning ordinance; and 6) that a variance will not adversely affect the surrounding property, the 128 general neighborhood, or the community as a whole. Mr. Duke seconded the motion. The motion to 129 approve the findings of fact passed unanimously. 130 131 After no further discussion, the vote was called. Mr. Duke moved to approve the request as submitted 132 based on the approved findings of fact. Mr. Knapp seconded the motion. The motion to approve 133 passed unanimously. 134 135 The BZA voted to approve the variance to allow a covered patio encroachment on property located at 136 103 Jane Court. 137 138 VARIANCE: 139 To allow a room addition encroachment. 140 1909 Dundee Drive 141 R-3 (Single Family Residential)142 Thao Nguyen, Petitioner 143 144 Mr. Stephens provided the staff report for a variance to allow a room addition encroachment on 145 property located at 1909 Dundee Drive. He stated that the petitioner was approved for a building 146 permit in March 2019 which met the requirements. He stated that a new application for permit was 147 filed in June 2020 and was denied because it did not meet the rear yard setback requirements. It was 148 discovered that construction began without a permit being issued for the new design and the petitioner 149 is now requesting a variance for the rear yard encroachment. 150 151 Thao Nguyen, petitioner, presented the request to allow a room addition encroachment on property 152 located at 1909 Dundee Drive. He stated that the sunroom would be used for a play area because the 153 front property slopes to the street. 154 155 Mr. Parker asked the petitioner why construction was started after the permit was denied. Mr. Nguyen 156 stated that he had obtained the permit in 2019 but didn’t start construction until this year; thinking that 157 the permit had not expired. He stated that he had to resubmit the application. 158 159 Mr. Parker stated that the expired permit doesn’t explain why the new application is not the same as 160 the previous approved structure. 161 162 Chairman Crosby opened the floor for public comments. 163 164 Brian Stewart, 605 Castle Brook Drive, resident and HOA board member spoke in opposition to the 165 DRAFT Daft Prattville Board of Zoning Adjustment July 14, 2020 Minutes Page 4 of 4 request. He stated that the structure violates the covenants in the Highland Ridge Subdivision. He 166 stated that the HOA approved the original request in March. 167 168 Malia Ragan, 631 Little Farm Road, Vice President of the Highland Ridge Subdivision, spoke in 169 opposition to the request. She stated that the HOA will pursue legal action against the petitioner. 170 171 After no further comments, the public hearing was closed. 172 173 Letters of opposition were received from Petra Ryan, 1921 Dundee Drive in favor of the request and 174 Bill Scott, in opposition to the request. 175 176 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 177 Parker moved to establish the findings of fact stating that 1) that special conditions and circumstances 178 do not exist which are peculiar to the land, structure, or building involved and which are applicable to 179 other lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the 180 zoning ordinance would not deprive the applicant of rights commonly enjoyed by other properties in 181 the same district under the terms of the zoning ordinance; 3) that granting of a variance is not in 182 harmony with the intent and purposes of the zoning ordinance; and 4) that a variance will adversely 183 affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Knapp 184 seconded the motion. The motion to approve the findings of fact passed unanimously. 185 186 After no further discussion, the vote was called. Mr. Parker moved to deny the request as submitted 187 based on the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed 188 unanimously. 189 190 The BZA voted to deny the variance to allow a room addition encroachment on property located at 191 1909 Dundee Drive. 192 193 MINUTES: 194 Mr. Knapp moved to approve the minutes of the June 9, 2020, regular meeting. Mr. Barrett seconded 195 the motion. The motion to approve passed unanimously. 196 197 OLD BUSINESS: 198 Proposed Amendments: Board of Zoning Adjustment By-Laws 199 200 Mr. Stephens presented to the BZA proposed changes to their current By-Laws. After the Board’s 201 review and discussion, they recommended postponing action of the amendments to allow the staff to 202 make changes reflective of their discussion. 203 204 Mr. Duke moved to postpone action of accepting the proposed amendments until the next meeting. 205 Mr. Knapp seconded the motion. The motion to table passed unanimously. 206 207 MISCELLANEOUS: 208 209 ADJOURN: 210 After no further comments, questions, or discussion the meeting was adjourned at 5:42 p.m. 211 212 Respectfully submitted, 213 214 215 216 Alisa Morgan, Secretary 217 Board of Zoning Adjustment 218 DRAFT RESOLUTION 1 Prattville Board of Zoning Adjustment 2 Adoption of Rules and Bylaws 3 August 11, 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 Composition14 The powers, duties, and composition of the Prattville Board of Zoning Adjustment15 (hereafter referred to as “the Board”) shall be as specified in Title 11, Chapter 52 of the16 Code of Alabama 1975, as amended, and those powers and duties delegated to the Board17 by the City Council of the City of Prattville, Alabama.18 2.Officers and Their Duties19 a.The officers of the Board shall consist of a Chairman, a Vice-Chairman, and a20 Secretary.21 b.The Board shall elect its Chairman and Vice-Chairman from among the regular22 members. The term of office of the Chairman and Vice-Chairman shall be one23 year or until a new officer is duly elected, with eligibility for reelection. Officer24 elections shall be held during the first meeting of each year, and the new officers25 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 for27 any reason, then the Vice-Chairman shall fill the unexpired term of the office of28 Chairman and the Board shall elect a new Vice-Chairman for the remainder of the29 unexpired term of Vice-Chairman.30 d.The Chairman shall preside at all meetings and hearings of the Board and shall31 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 to33 appoint and charge any committees as necessary. The Chairman may administer34 oaths and compel the attendance of witnesses, and shall call upon the35 supernumerary members as needed. The Vice-Chairman shall preside in the36 absence of the Chairman. In the event that neither the Chairman nor Vice-37 Agenda Item #1 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 Development40 Department, or a staff member as designated by the director. The Secretary shall41 keep the minutes and records of the Board, prepare the agenda of meetings with42 the Chairman, provide and arrange notice of meetings, attend to correspondence43 of the Board, and to other duties as are normally carried out by a Secretary.44 3.Meetings45 a.Meetings of the Board shall be held at the call of the Chairman and at such other46 times as the board may determine. Typical meeting dates and times shall be on47 the second Tuesday of the month at 4:00pm, at Prattville City Hall in the council48 chambers. Additional meetings may be scheduled by the Chairman as needed. If49 meetings need to be rescheduled for holidays or other events, the new date and50 time shall be duly posted.51 b.Four members shall be a quorum for the conduct of official business.52 c.The Board shall follow the rules contained in the current edition of Robert’s Rules53 of Order in cases they are applicable and not inconsistent with these rules, or54 other applicable rules, regulations, or laws.55 d.The order of business at regular meetings should generally follow the order stated56 below, but may be changed at the discretion of the Chairman:57 i.Call to order58 ii.Roll call and establishment of a quorum59 iii.Committee reports60 iv.Old business61 v.New business, including any public hearing required with each agenda62 item.63 vi.Approval of minutes of previous meeting(s)64 vii.Other and miscellaneous business65 viii.Adjournment66 67 e.Presentation of items should generally follow the order stated below, but may be68 changed at the discretion of the Chairman:69 70 i.The Chairman calls for the next agenda item71 ii.The Planning Director or designee provides a summary of the request72 iii.The applicant or petitioner presents his or her request and provides73 information in support of the application, and answers any questions from74 the Board75 iv.If a public hearing is needed, the Chairman will ask for anyone present76 who would like to provide input regarding the request77 v.The Board members may discuss details and issues raised, and may ask78 questions of the applicant, city staff, or other parties79 Agenda Item #1 vi.The Chairman will call for a motion establishing the findings of fact, a 80 second, and a vote81 vii.The Chairman will call for a motion regarding the request to be read and a82 second, and the Chairman may ask if further discussion is needed83 viii.The vote will be called, and the Chairman announces the result84 85 f.Meeting Decorum86 i.Speakers shall observe the commonly accepted rules of courtesy,87 decorum, dignity, and good taste. All comments, questions, or remarks88 shall be addressed to the Chairman or the Board as a body and not to89 members of the audience or the petitioner. Interested parties or their90 representatives may address the Board by written communications, a copy91 of which shall be provided to the Secretary either before or during the92 meeting.93 ii.Those wishing to speak for or against the petition will be allowed to do so94 during the public hearing, provided that the Chairman has the discretion to95 rule out of order any abusive or irrelevant statements. At the discretion of96 the Chairman, a speaker may address the Board a second time, but only97 after all others have been given an opportunity to speak.98 iii.The Chairman reserves the right to require an individual wishing to speak99 on behalf of another person, group, or entity to provide written100 authorization from the person, group, or entity being represented.101 102 g.All meetings of the Board shall be open to the public.103 104 h.Notice of meetings and public hearings shall be performed as specified in Title105 11, Chapter 52 of the Code of Alabama 1975, as amended, and/or as required by106 the Alabama Open Meetings Act. The Secretary may employ supplemental107 notification procedures (yard signs, electronic notification, etc) to ensure that108 interested parties are aware of pending cases, but the failure of any such109 supplemental notification procedures shall not invalidate any lawful action or110 decision of the Board.111 112 4.Conflicts of Interest and Member Conduct113 a.In the case a Board member has a direct personal interest, pecuniary interest, or114 other conflict, the member shall recuse himself or herself and not participate in115 the case. A supernumerary member may be called upon to serve in the regular116 member’s stead and exercise the same power and authority as the regular117 member.118 b.Board members are advised not to discuss pending cases with members of the119 public outside of the public meeting, and if attempted ex parte contact persists, the120 member should disclose such contact at the Board meeting. Any written material121 received by members shall be given to the Secretary for incorporation into the122 files.123 Agenda Item #1 c.Board members shall avoid all improper conduct and the appearance of124 impropriety including showing bias for or against a petitioner, individual, or125 group, or criticizing the vote or comments of any member of the Board.126 127 5.Amending and Review of Rules128 a.Amendments to these rules shall require the affirmative vote of four members of129 the Board.130 b.The Board shall review these rules annually at the same meeting as officer131 elections.132 133 Be It Further Resolved, that these rules supersede and replace any previously adopted rules or 134 bylaws. 135 136 137 138 APPROVED: 139 140 141 ___________________________________________ 142 Jerry Crosby, Chairman 143 144 145 ATTEST: 146 147 148 ____________________________________________ 149 Alisa Morgan, Secretary 150 Agenda Item #1 Page 1 of 3 Board of Zoning Adjustment Staff Report Variance 200811-01 MEETING DATE: August 11, 2020 PETITIONER: Joseph and Meagan Boutin PROPERTY OWNER: Joseph and Meagan Boutin SUBJECT SITE: Eastwood Subdivision Phase 1–Lots 19 & 20 (2483 & 2487 Eastwood Blvd) REQUEST: To allow an accessory dwelling unit CURRENT ZONING: R-5 (Patio Garden Homes) LOCATION: 2483 & 2487 Eastwood Blvd SURROUNDING LAND North: Single-Family Residential (R-5) USES AND ZONING: South: Single-Family Residential (R-5) East: Single-Family Residential (R-5) West: Single-Family Residential (R-5) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1.Variance request to allow an accessory dwelling unit on a lot with a primary dwelling unit. ZONING ORDINANCE REFERENCED: Article 10 – Patio Garden Homes Section 101- Purpose The purpose of this article is to permit within the City of Prattville the construction of patio garden homes only upon application of a detailed site plan within an area of suitable location and character for such development as determined by existing land use characteristics, and future land use as defined in the Prattville land use plan. It is the further purpose and intent that the allowance of the construction of patio garden homes within the City of Prattville be in keeping with this purpose, and will provide present and future residents of the City of Prattville increased alternate housing opportunities and promote the more effective, efficient and economical utilization of current land resources, thereby benefiting the general public. It is the further purpose that patio garden homes may be appropriately intermingled with other types of housing, shall constitute groupings making efficient, economical, comfortable, and convenient use of land and open space; and shall serve the public purpose of zoning by means alternative to conventional arrangements of yards and building areas. Section 102.2- General Requirements Each patio home shall be constructed on its own lot, and shall be a minimum of forty (40) feet at the building line, minimum lot area shall be four thousand 4,000 square feet. Agenda Item #200811-01 DRAFT Page 2 of 3 ANAYLSIS/EVALUATION: The Zoning Ordinance does not allow two dwellings on one parcel (Article 10, Section 102.2). Currently, this is subdivided into two lots. If a variance is granted, the petitioner will subdivide into one lot. However, there is an easement between the two that cannot be built upon that would allow both structures to be combined. The variance being requested is to allow the accessory dwelling unit that is not connected to the main house. The petitioner does propose to connect the house and accessory dwelling unit with a covered walkway. If the BZA desires to grant the variance. The following conditions are recommended: 1.Only one water meter allowed on combined lot. 2.Only one power meter allowed on combined lot. Article 3 Section 36 of the zoning ordinance: a)Before any variance is granted, the Board shall make written findings certifying the existence of the following standards. 1.That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands structures, or buildings in the same district. 2.That a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance. 3.That special conditions do not result from actions of the applicant (self-imposed hardship); 4.That granting of the variance will not confer any special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district; 5.That granting of the variance is in harmony with the intent and purposes of the ordinance; 6.That the variance will not adversely affect surrounding property, the general neighborhood, or the community as a whole; 7.That no non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts were considered as a basis for the issuance of a variance; 8.That the variance will not allow the establishment of a use not permissible under the terms of the ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the ordinance in said district; 9.The variance requested is the minimum adjustment necessary to enable the legal use of the land, building or structure. Agenda Item #200811-01 DRAFT Page 3 of 3 Eastwood Subdivision Lots 19 & 20 Picture 1 Eastwood Subdivision Lots 19 & 20 Picture 2 Agenda Item #200811-01 DRAFT EASTWOOD BLVDEAS T P O I N T E D R Aerial Map - Eastwood Subdivision Lots 19 - 20 ± Legend Subject Area Streets Elmore County Parcels 0 10050 Feet Locations are approximate Agenda Item #200811-01 DRAFT REDFIELD RDEASTWOOD BLVDEASTGATE DREASTPOINTE DR Location Map - Eastwood Subdivision Lots 19 - 20 ± Legend Subject Area Streets Elmore County Parcels 0 500250 Feet Locations are approximate Agenda Item #200811-01 DRAFT REDFIELD RDEASTWOOD BLVDEASTPOINTE DR EASTGATE DR R-5 F.A.R. Zoning Map - Eastwood Subdivision Lots 19 - 20 ± Legend Subject Area Streets Elmore County Parcels R-5 F.A.R. 0 500250 Feet Locations are approximate Agenda Item #200811-01 DRAFT Agenda Item #200811-01 DRAFT Agenda Item #200811-01 DRAFT Agenda Item #200811-01 DRAFT Agenda Item #200811-01 DRAFT Agenda Item #200811-01 DRAFT Agenda Item #200811-01 DRAFT Agenda Item #200811-01 DRAFT Agenda Item #200811-01 DRAFT Page 1 of 2 Board of Zoning Adjustment Staff Report Use On Appeal 200811-02 MEETING DATE: August 11, 2020 PETITIONER: Stephen S. Linck PROPERTY OWNER: Southern District C.E.F. SUBJECT SITE: 334 Old Farm Lane REQUEST: Use-on-Appeal – Operate church in Residential District CURRENT ZONING: R-3 (Single-Family Residential) & B-2 (General Business) LOCATION: Old Farm Lane north of Howard Murfee Dr SURROUNDING LAND North: Single Family -R-3 (Single-Family Residential) & B-2 (General Business) USES AND ZONING: South: Undeveloped - General Business (B-2) East: Undeveloped – Multi-Family Residential (R-4) West: Undeveloped - Single-Family Residential (R-2 & R-3) DEVELOPEMNT STATUS & HISTORY: Previous Requests: Use-On-Appeal for church use (a new building) was granted in September 2019 Conditions of Previous Approval: Contingent upon proposed church meeting all the City of Prattville development regulations & codes for Zoning/Fire/Building/Engineering & Storm water. DESCRIPTION OF REQUEST: 1.Use-on-appeal in order to operate a church (place of assembly) on land zoned residential and general business ZONING ORDINANCE REFERENCED: Article 7 – District Requirements Section 71 –Uses permitted on appeal: Public utility structures, such as electric substations, gas metering stations, sewage pumping stations and similar structures; general hospitals for humans, except primarily for mental cases; churches; cemeteries; semi-public buildings; golf courses; municipal, county, state or federal use; kindergartens, nurseries, nursery schools, day care centers, private schools; and satellite dishes or discs, not defined herein: ANAYLSIS/EVALUATION: The applicant desires to renovate a dwelling on this parcel located on Old Farm Lane into a place of assembly (church) utilizing 16.2± acres of land. The renovation will consist of building a worship hall, classrooms, nursery, and a fellowship hall. Agenda Item #200811-02 DRAFT Page 2 of 2 Below is the staff assessment of the three general questions applicable to uses-on-appeal: 1.Is the proposed church an allowable use-on-appeal, and not a prohibited use in an R-3 district? The requested use is an allowable use-on-appeal. It is NOT a prohibited use in an R-3 district. 2.Is development of the proposed church on Old Farm Lane South in the public interest? Does the proposed development meet the spirit of the City of Prattville Zoning Ordinance? At this present time, the parcel has a house located on it. Messiah Lutheran Church now wants to renovate the building so that it meets the needs of the congregation more efficiently. The zoning ordinance would require adequate parking be provided per number of seats. Furthermore, the site would require a landscape plan. For parking areas abutting a residential area, a 20’ landscaped buffer is required with sufficient plantings to reach 8’ height within a two year period. Additional interior lot landscape islands are required for a parking area with 40 or more spaces. 3.Does the proposed church use cause substantial adverse impact to adjacent or nearby properties or uses? Landscape buffers will create separation between the church use and nearby residential dwellings. Messiah Church has trees serving as buffers on three sides of the building. The section that is not hidden by a buffer is to allow access to the parking lot for the congregation. 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. Messiah Church Picture 1 Agenda Item #200811-02 DRAFT OLD FARM LN SAerial Map - 334 Old Farm Lane ± Legend Subject Area Streets Elmore County Parcels Tax Parcels 0 10050 Feet Locations are approximate Agenda Item #200811-02 DRAFT OLD FARM LN SVISTA POINT BLVD THE EXCHANGE NHOWARD MURFEE DR Location Map - 334 Old Farm Lane ± Legend Subject Area Streets Elmore County Parcels Tax Parcels 0 1,000500 Feet Locations are approximate Agenda Item #200811-02 DRAFT OLD FARM LN SR-3 B-2 B-2 Zoning Map - 334 Old Farm Lane ± Legend Subject Area Streets Elmore County Parcels Tax Parcels R-3 B-2 0 10050 Feet Locations are approximate Agenda Item #200811-02 DRAFT Agenda Item #200811-02 DRAFT DRAFT OLD FARM LANE OLD FARM LANEREMOVEDEXISTING BETO TREEREMOVEDEXISTING BETO TREEREMOVEDEXISTING BETO TREEPROPOSED NEW PARKINGPROPOSED NEW PARKING10101010VANACCESSABLEADA PARKING2020-030107/08/2020PROJECT NUMBER334 OLD FARM LANE SOUTH MESSIAH LUTHERAN CHURCHDRAWN ORIGINAL DATECHECKEDSHEET TITLESHEET NUMBERPWBA Architects, Inc.NO. REVISION DESCRIPTIONDATEJWR EMB PRATTVILLE ALABAMA 36066 MONTGOMERY, ALABAMA 36104(334) 244-4990 (334) 244-497 FAX529 SOUTH PERRY STREET SUITE15PROPOSED SITE PLANPROPOSED SITE PLANNORTH80ft40ft10ft20ft0SCALE: 1" = 20'-0"AREA OF CRUSHED GRAVEL PARKINGAgenda Item #200811-02DRAFT REMOVE GARAGE DOOR,GUIDE TRACK AND LIFTMECHANISMREMOVE GARAGE DOOR,GUIDE TRACK AND LIFTMECHANISMEXISTING ATTICACCESS TOREMAINREMOVE DOORAND FRAMEREMOVE DOORAND FRAMEREMOVE WALL (PROVIDETEMPORARY SHORING)REMOVE DOORAND FRAMEREMOVE COUNTERTOPAND SUPPORT WALLREMOVE PORTION OFCOUNTERTOP ASINDICATEDREMOVE DOORAND FRAMEREMOVE WALL ASREQUIRED TOINSTALL NEW DOORSREMOVE RANGE HOODAND RANGE / OVENREMOVE EXISTINGWASHER AND DRYER(CAP ALL PIPING)REMOVE EXISTINGCABINETWORKREMOVE EXISTING TUBAND SURROUND (CAPALL PIPING)REMOVE CASEWORK ANDLAVATORY (CAP ALL PIPING)REMOVE SHOWER(CAP ALL PIPING)REMOVE CASEWORK ANDLAVATORY (CAP ALL PIPING)REMOVE BUILT INBAR-B-Q COOKINGEQUIPMENTREMOVE REFRIGERATORREMOVE DOORAND FRAMEREMOVE DOORAND FRAMEREMOVE POCKETDOOR CASEWORKAND WALL ASINDICATEDREMOVE POCKETDOOR CASEWORKAND WALL ASINDICATEDREMOVE SECTIONOF WALL ASINDICATEDREMOVE DOORAND FRAMEREMOVECASEWORKREMOVE STEEL COLUMNSAND PROVIDE BEAM HERE IFCOLUMNS ARE SUPPORTINGATTIC STORAGEREMOVE PAIR OFDOORS AND FRAMEREMOVE WINDOW ANDPORTION OF WALL ASREQUIRED TO INSTALLNEW DOORREMOVE PORTION OFWALL AS REQUIRED TOINSTALL NEW DOORREMOVE DOORAND FRAMEREMOVE WALL (PROVIDETEMPORARY SHORING)2020-030107/08/2020PROJECT NUMBER334 OLD FARM LANE SOUTH MESSIAH LUTHERAN CHURCHDRAWN ORIGINAL DATECHECKEDSHEET TITLESHEET NUMBERPWBA Architects, Inc.NO. REVISION DESCRIPTIONDATEJWR EMB PRATTVILLE ALABAMA 36066 MONTGOMERY, ALABAMA 36104(334) 244-4990 (334) 244-497 FAX529 SOUTH PERRY STREET SUITE1512'8'2'12"6"4'0"SCALE: 1/4" = 1'-0"PROPOSED DEMOLITION ANDEXISTING FLOOR PLANPROPOSED DEMOLITIONAND EXISTING FLOORPLANEXISTING WALL TO BE REMOVEDEXISTING DOOR TO BE REMOVEDAgenda Item #200811-02DRAFT FELLOWSHIPWORSHIPSTORAGECLASSROOMKITCHENSTORAGEMENWOMENWELCOMENURSERYRESTROOMRESTROOMOFFICERESTROOM CLASSROOMRAMP DOWNRAMP DOWNONE STEPNEW 3'-6" WALLWITH RAILINGNEW WALL INFILL WHEREGARAGE DOOR REMOVEDNEW WALL INFILL WHEREGARAGE DOOR REMOVEDDOOR SWINGREVERSEDDOOR SWINGREVERSEDNEW PAIR OF3'-0" x 6'-8"DOORSNEW W.C.NEW W.C.NEW LAV. ANDBASE CABINETNEW LAV. ANDBASE CABINETNEW 3'-0" x6'-8" DOORNEW 2'-6" x6'-8" DOORNEW 2'-6" x6'-8" DOORINSTALL BEAM WHERE WALL REMOVEDWORSHIPNEW PAIR OF3'-0" x 6'-8"DOORSNEW 3'-0" x6'-8" DOORNEW 3'-0" x6'-8" DOORSTORAGEHALLPORCHNEW 3'-6" WALLWITH RAILINGNEW 3'-6" WALLWITH RAILINGNEW 3'-6" WALLWITH RAILING(WOMEN)NEW 3'-0" x6'-8" DOORNEW 3'-0" x6'-8" DOORNEW 3'-0" x6'-8" DOOR2020-030107/08/2020PROJECT NUMBER334 OLD FARM LANE SOUTH MESSIAH LUTHERAN CHURCHDRAWN ORIGINAL DATECHECKEDSHEET TITLESHEET NUMBERPWBA Architects, Inc.NO. REVISION DESCRIPTIONDATEJWR EMB PRATTVILLE ALABAMA 36066 MONTGOMERY, ALABAMA 36104(334) 244-4990 (334) 244-497 FAX529 SOUTH PERRY STREET SUITE1512'8'2'12"6"4'0"SCALE: 1/4" = 1'-0"PROPOSED FLOOR PLANPROPOSED FLOOR PLANNEW EXTERIOR WALL:1/2" GYPSUM BOARD AT INTERIORSURFACE OF 2 x 4 WOOD STUDS AT 16"O.C. WITH 30# FELT OVER 5/8" SHEATHINGAND CEMENTITOUS LAP BOARD SIDING ATEXTERIOR (PAINT TO MATCH EXISTINGEXTERIOR TRIM)NEW INTERIOR WALL:2 x 4 WOOD STUDS AT 16"O.C. WITH 1/2" GYPSUMBOARD AT EACH SIDENEW PAIR OF DOORSNEW DOORAgenda Item #200811-02DRAFT FELLOWSHIPWORSHIPSTORAGECLASSROOMBREAK / LOUNGESTORAGEMENWOMENWELCOMENURSERYRESTROOMRESTROOMOFFICERESTROOM CLASSROOMRAMP DOWNRAMP DOWNONE STEPDOWNSTORAGEPORCHNEW 3'-6" WALLWITH RAILINGNEW ELECTRICWATER COOLER(WOMEN)EXISTING STEP UP(283 OCCUPANTS)(3 OCCUPANTS)(37 OCCUPANTS)(16 OCCUPANTS)(1 OCCUPANT)(8 OCCUPANTS)(8 OCCUPANTS)(119 OCCUPANTS)NEW 3'-6" WALLWITH RAILING32 INCHESEXIT WIDTH32 INCHESEXIT WIDTH32 INCHESEXIT WIDTHPSPSFEFEFEFEPSPSHSHSPSPSNEW ACCESSIBLERESTROOMSNEW CONCRETE RAMPFOR ACCESSIBILITYSLOPE DOWN 1:20 32 INCHESEXIT WIDTH30 INCHESEXIT WIDTH30 INCHESEXIT WIDTH32 INCHESEXIT WIDTH32 INCHESEXIT WIDTH2 2 ' T D 8' TD12' TD20' TD12' TD24' TD(1 OCCUPANT)25' TD13' TD CORRIDOR SERVING LESSTHAN 30 OCCUPANTSCORRIDOR SERVING LESSTHAN 30 OCCUPANTSOFFICE(1 OCCUPANT)32 INCHESEXIT WIDTH3' TD7' TD13' TD7' TD21' TD13' TD10 TD30' TD SMOKEBARRIERSMOKEBARRIER5'-6"6'-0"4'-0"6"5'-0"2020-030107/08/2020PROJECT NUMBER334 OLD FARM LANE SOUTH MESSIAH LUTHERAN CHURCHDRAWN ORIGINAL DATECHECKEDSHEET TITLESHEET NUMBERPWBA Architects, Inc.NO. REVISION DESCRIPTIONDATEJWR EMB PRATTVILLE ALABAMA 36066 MONTGOMERY, ALABAMA 36104(334) 244-4990 (334) 244-497 FAX529 SOUTH PERRY STREET SUITE1512'8'2'12"6"4'0"SCALE: 1/4" = 1'-0"PROPOSED LIFE SAFETY PLANPROPOSED LIFE SAFETY PLANLOCATION:OCCUPANCY TYPE:CONSTRUCTION TYPE:MESSIAH LUTHERAN CHURCHPRATTVILLE, ALABAMA 36066334 OLD FARM LANE SOUTHA-3 - ASSEMBLYTYPE V, UNPROTECTED, UNSPRINKLEREDMAXIMUM HEIGHT ALLOWABLE..................40 FEETMAXIMUM STORIES ALLOWABLE................1 STORYBUILDING STORIES RPOVIDED...................1 STORY (TABLE 504.4)ALLOWABLE HEIGHT(TABLE 504.3 AND TABLE 504.4)BUILDING HEIGHT....................................23'-6" FEETALLOWABLE BUILDING AREAS(TABLE 506.2)A-3 OCCUPANCY, SINGLE STORY, UNPROTECTED,UNSPRINKLERED, TYPE V = 6,000SF ALLOWABLEAREA OF A-3 OCCUPANCY = 6.219SFNOTE: AREA INCREASE FOR SPRINKLER NOT APPLICABLESTRUCTURAL FRAME...............................................................NONBEARING WALLS AND PARTITIONS.......................................0 HRSEXIT CORRIDORS WITHOUT SPRINKLER SYSTEM): (TABLE 1020.)....EXTERIORNONBEARING WALLS AND PARTITIONS.......................................INTERIORFLOOR CONSTRUCTION(INCLUDING SUPPORTING BEAMS AND JOISTS)....................ROOF CONSTRUCTION(INCLUDING SUPPORTING BEAMS AND JOISTS)....................0 HRS0 HRS0 HRS0 HRS1 HRSTOTAL OCCUPANT LOAD = 489 PERSONSOCCUPANT LOAD AND EXIT WIDTHSA-3 ASSEMBLY OCCUPANCY =TOTAL EGRESS WIDTH PROVIDED = 284 INCHES TOTAL EGRESS WIDTH (LEVEL) REQUIRED- PER TABLE 1005.1 = 85 INCHES489 OCCUPANTS x .2 = 96 INCHES REQUIREDEXIT WIDTH PROVIDED = 284 INCHESTRAVEL DISTANCE, DEAD-END LENGTH, EXIT AND MEANS OF EGRESS WIDTHSA-3 OCCUPANCY MAXIMUM DEAD END CORRIDOR LENGTH..............A-3 OCCUPANCY MAXIMUM TRAVEL DISTANCE ..............................200 FT.35 FT.FIRE PROTECTION REQUIREMENTS:(TABLE 601) A-3 OCCUPANCY, TYPE V UNPROTECTED UNSPRINKLEREDAMERICANS WITH DISABILITIES ACT, 2010INTERNATIONAL BUILDING CODE, 2015 ED.INTERNATIONAL FIRE CODE, 2015 ED.INTERNATIONAL PLUMBING CODE, 2015 ED.INTERNATIONAL MECHANICAL CODE, 2015 ED.INTERNATIONAL FUEL GAS CODE, 2015 ED.INTERNATIONAL ELECTRICAL CODE, 2014 ED.NATIONAL FIRE PROTECTION ASSOCAIATION 70NOTE: NO CORRIDORS SERVES OCCUPANT LOAD GREATER THAN 30.= 1 REQUIRED, 1 PROVIDEDPLUMBING FIXTURE COUNT (A-3 ASSEMBLY)WATER CLOSETS MEN WATER CLOSETS WOMENLAVATORIES MENDRINKING FOUNTAINSSERVICE SINK= 1 REQUIRED, 1 PROVIDED= 3 REQUIRED, 3 PROVIDED= 1 REQUIRED, 1 PROVIDED(INTERNATIONAL PLUMBING CODE TABLE 403.1) (488 OCCUPANTS)= 1 REQUIRED, 2 PROVIDEDLAVATORIES WOMEN= 2 REQUIRED, 2 PROVIDED5 FT DTEXIT ROUTE AND TRAVEL DISTANCEWALL MOUNTED FIREEXTINGUISHER ON BRACKETF.E.EXIT LIGHTFIRE ALARM PULL STATION @ 48"A.F.F.COMBINATION HORN / STROBEASSEMBLYHSPSAREA OF CORRIDOR SERVING LESS THAN 30OCCUPANTS (SERVES 9 OCCUPANTS)SMOKE BARRIER:1 LAYER OF 1/2" GYPSUM BOARD ON ONE SIDE OFSTRUCTURE. EXTEND FROM TOP OF CEILING TOBOTTOM OF ROOF DECK. PROVIDE 3'-0" 3'-0" SMOKERATED DOOR IN EACH SMOKE BARRIER(CONSTRUCT IN ACCORDANCE WITH IBC 2015SECTION 718.3.1)Agenda Item #200811-02DRAFT Page 1 of 5 Board of Zoning Adjustment Staff Report Variance 200811-03 MEETING DATE: August 11, 2020 PETITIONER: Steve Callahan PROPERTY OWNER: Steve Callahan SUBJECT SITE: 1816 Seasons Drive REQUEST: Variance – Proposed carport encroaches on setbacks CURRENT ZONING: R-2 (Single-Family Residential) LOCATION: Prattville East Subdivision 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 Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. Variance Request to: a.allow accessory structure to encroach on side setback b.allow accessory structure to encroach on setback between other accessory structures c.allow accessory structures to have a cumulative floor area of greater than 50% of primary structure ZONING ORDINANCE REFERENCED: Article 6 – General Provisions Section 69.3 – Accessory Structures. (2)Residential zones (not including multi-family zones). a.Accessory structures shall be located in back or side yards at least ten feet (10') behind the front building setback or the front plane of the primary structure, whichever is greater; b. Accessory structures shall be located at least ten feet (10') from the primary structure and five feet (5') from other accessory structures; c. The cumulative area of accessory structures on a parcel shall not exceed fifty percent (50%) of the gross floor area of the primary structure;DRAFTAgenda Item #200811-03 Page 2 of 5 d. Accessory structures shall not be located closer than five feet (5') to property lines; e.Exterior materials or cladding shall be similar to and complement that of the primary structure. An exception to this shall be the allowance of one metal sided structure no larger than 200 square feet located in a rear yard; f.Accessory structures shall not be used as a dwelling unit; g.Residential zones with specific accessory structure requirements (e.g., R-5) for locations and setbacks shall be followed in those zones. Article 3. – Board of Zoning Adjustment Section 36. - Variances. a.The Board may authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. b. A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship does, in fact, exist. In no case shall the Board grant a variance that permits the land, building or structure to be occupied by a use prohibited within the zoning district in which the land, building or structure is located. c.It is the intent of this ordinance that a variance be issued only to mitigate a physical condition of a parcel of land which poses a practical barrier to its development and use conformance with this ordinance. Variances shall be limited to the minimum adjustment necessary for the reasonable use of the land. d. Before any variance is granted, the Board shall make written findings certifying the existence of the following standards. 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands structures, or buildings in the same district. 2. That a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance. 3. That special conditions do not result from actions of the applicant (self-imposed hardship); 4. That granting of the variance will not confer any special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district; 5. That granting of the variance is in harmony with the intent and purposes of the ordinance; 6. That the variance will not adversely affect surrounding property, the general neighborhood, or the community as a whole; 7. That no non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts were considered as a basis for the issuance of a variance; 8. That the variance will not allow the establishment of a use not permissible under the terms of the ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the ordinance in said district; 9. The variance requested is the minimum adjustment necessary to enable the legal use of the land, building or structure.DRAFTAgenda Item #200811-03 Page 3 of 5 ANAYLSIS/EVALUATION: Applicant is proposing to install/construct a 14’x45’ RV Carport structure in the rear side yard along the northern border of property. Proposed RV Carport will encroach on the required side setback requirement of 5 feet from side property lines by approximately 1 foot on the northwest corner. Additionally, the property already has an existing 12’x12’ accessory structure immediately behind the home. The proposed RV Carport is proposed to be 2’ from this existing accessory structure. The Zoning Ordinance requires that all accessory structures have a distance of 5’ from other accessory structures. This property currently has a cumulative area of existing accessory structures of approximately 624 sq ft between 3 structures (12’x12’ storage shed, 12’x24’ storage shed, and 12’x16’ pergola/gazebo). If the proposed structure is included (15’x45’) the total cumulative area of accessory structures is approximately 1,299 square feet. Per the Autauga County Tax Records, the primary structure at 1816 Seasons Drive is 1,562 square feet. Therefore, the existing and proposed accessory structures on this parcel exceed the maximum of fifty percent (50%) of the gross floor area of the primary structure. Proposed and existing accessory structures equal approximately eighty-three percent (83%) gross floor area of primary structure. This request violates Section 69.3 (2) b., (2) c. and (2) d. of the City of Prattville Zoning Ordinance. DRAFTAgenda Item #200811-03 Page 4 of 5 1816 Seasons Drive - Existing Example of Proposed RV Cover DRAFTAgenda Item #200811-03 Page 5 of 5 1816 Seasons Drive Site Plan – Existing and Proposed Structures DRAFTAgenda Item #200811-03 SEASONS DRAerial Map - 1816 Seasons Drive ± Legend Subject Area Address Points Streets Autauga Tax Parcels 0 10050 Feet Locations are approximate Agenda Item #200811-03 DRAFT TARA DR SHEILA BLVDSEASONS DRSUM M E R L N AUTUMN RDSAN F O R D D R WINTER PLDANIEL PRATT AUTUMN CT E HARVEST LP AUTUMN CT W SHEILA CT SEASONS CTLocation Map - 1816 Seasons Drive ± Legend Subject Area Address Points Streets Autauga Tax Parcels 0 500250 Feet Locations are approximate Agenda Item #200811-03 DRAFT SEASONS DRR-2 Zoning Map - 1816 Seasons Drive ± Legend Subject Area Streets Autauga Tax Parcels R-2 0 10050 Feet Locations are approximate Agenda Item #200811-03 DRAFT Agenda Item #200811-03 DRAFT Agenda Item #200811-03 DRAFT Agenda Item #200811-03 DRAFT