2010-Oct 13 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
October 13, 2020
4:00pm
Call to Order:
Roll Call:
Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., Mr. Greg Duke, and Ms. Sarah Johnson.
Committee Reports:
Old Business:
None
New Business:
1.201013-01 USE-ON-APPEAL:
To operate a home lawn care business.
1976 Regent Road
R-3 Zoning District (Single Family Residential)
Tyler Lawrence, Petitioner
District 4
Public Hearing
2. 201013-02 VARIANCE:
To vary from the material required for accessory structures.
814 Selma Highway
R-2 Zoning District (Single Family Residential)
Mitch Devers, Petitioner
District 7
Public Hearing
3. 201013-03 USE-ON-APPEAL:
To operate a home cosmetology business.
102 Griffith Ave.
R-2 Zoning District (Single Family Residential)
Rhyan Greer Howe, Petitioner.
District 3
Public Hearing
Minutes:
August 11, 2020
Miscellaneous:
Adjourn: DRAFT
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Prattville Board of Zoning Adjustment August 11, 2020 Minutes Page 1 of 4
City of Prattville Board of Zoning Adjustment 1 Minutes 2 August 11, 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, August 11, 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 Chairman Crosby stated the governing rules for the Prattville Board of Zoning Adjustment and the 21 procedure of the meeting. 22 23 Action on the Bylaws amendment and approval of the minutes were moved to the end of the agenda. 24
25 NEW BUSINESS: 26 VARIANCE 27 To allow an accessory dwelling unit. 28 2483 & 2487 Eastwood Blvd. (Vacant Lots) 29 R-5 (Patio Garden Homes) 30 Joseph & Meagan Boutin, Petitioners 31 32 Mr. Stephens provided the staff report for the variance request to allow an accessory dwelling unit on 33 property currently zoned as R-5, Patio Garden Homes, located on vacant lots at 2483 and 2487 34 Eastwood Blvd. He stated that the petitioners plan to combine the two lots into one single lot and to 35 construct a single family dwelling with an accessory dwelling unit to be occupied by their in-laws 36 which the Zoning Ordinance does not allow two dwellings on one parcel (Article 10, Section 102.2). 37 He stated that there is a storm water easement and storm water pipe that runs between the two lots 38 which they would not be allowed to build on. He stated that the petitioners propose to connect the 39 house and accessory dwelling unit with a covered walkway. 40 41
Mr. Barrett being a member of the Home Owners Association for this neighborhood asked to recuse 42 himself from the case because of a potential conflict of interest. 43 44
Meagan Boutin and Joe Boutin, petitioners, along with their builder Dale Perry, presented the request 45 for a variance to allow an accessory dwelling unit on property in the Eastwood Subdivision. She 46 stated that the second unit will be used for family member to help with childcare as they both have 47
jobs that require them to be on call. 48 49 Mr. Perry stated that they intend to place both dwellings on the same power meter, water meter, and 50 gas meter. 51 52 Mr. Boutin stated that moving the pipe could potentially be too risky to the neighborhood. 53 54 Mr. Perry stated that the HOA has approved the plans contingent upon approval by the city. He stated 55 DRAFT
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Prattville Board of Zoning Adjustment August 11, 2020 Minutes Page 2 of 4
that the roof lines of the main dwelling will connect with a bridge-way to the accessory dwelling unit. 56
57 Chairman Crosby opened the floor for public comments. 58 59
Randy Shaw, 2471 Eastwood Blvd., spoke neither for nor against. He was interested in the site plans 60 which was provided to him by the builder. 61 62
There being no further comments, the public hearing was closed. 63 64 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 65
Parker moved to establish the findings of fact stating that 1) special conditions and circumstances 66 exists which are peculiar to the land, structure, or building involved and which are not applicable to 67 other lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the 68 zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the 69 same district under the terms of the zoning ordinance; 3) that the special conditions and circumstances 70 do not result from actions of the applicant (self-imposed hardship); and 4) that granting of a variance is 71 in harmony with the intent and purposes of the zoning ordinance. Mr. Duke seconded the motion. The 72 motion to approve the findings of fact passed unanimously. 73
74 After no further discussion, the vote was called. Mr. Duke moved to approve the request as submitted 75 based on the approved findings of fact. Mr. Knapp seconded the motion. 76 77 Mr. Parker moved to amend the motion to approve contingent that both dwellings use single utilities. 78 Mr. Duke seconded the motion. The motion to approve passed unanimously. 79
80 The BZA voted to approve the variance request to allow an accessory dwelling unit on property 81 located on vacant lots at 2483 and 2487 Eastwood Blvd. 82 83 Mr. Barrett resumed his seat after action taken on Eastwood Blvd. 84 85
USE-ON-APPEAL 86 To allow church use on property. 87 334 Old Farm Lane 88
R-3 (Single Family Residential) 89 Southern District C. E. F., Petitioner 90 91 Mr. Stephens provided the staff report for a use-on-appeal to allow church use on property currently 92 zoned as R-3, Single Family Residential, located at 334 Old Farm Lane. He stated that the existing 93 residential house structure will remain and parking will be provided in the front. He provided the 94 background history of previous approval (September 2019) for this site. 95 96
Andy Davidson of Marshall Design Build, along with Stephen Linck, petitioner’s representatives, 97 presented the request to operate a church on property located at 334 Old Farm Lane. He stated that the 98 structure is approximately 5000 ft2 and the congregation size is approximately 50 people. He stated 99
that they are proposing for gravel parking on the side or the rear of the property. He stated that they 100 have spoken with building officials on requirements for compliance. 101 102
Chairman Crosby opened the public hearing. There being none, the public hearing was closed. 103 104 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 105 Knapp moved to establish the findings of fact stating that 1) the proposed church is an allowable use-106 on-appeal, and is not a prohibited use in a R-3 & B-2 district; 2) development of the proposed use is in 107 the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the proposed 108 use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Parker 109 seconded the motion. The motion to approve the findings of fact passed unanimously. 110 DRAFT
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111
After no further discussion, the vote was called. Mr. Parker moved to approve the request based on the 112 approved findings of fact. Mr. Knapp seconded the motion. The motion to approve passed 113 unanimously. 114
115 The BZA voted to approve the use-on-appeal to allow church use on property located at 334 Old Farm 116 Lane. 117
118 VARIANCE 119 To allow an accessory structure encroachment. 120 1816 Seasons Drive 121 R-3 (Single Family Residential) 122 Steve Callahan, Petitioner 123
124 Mr. Stephens provided the staff report for a variance to allow an accessory structure encroachment on 125 property located at 1816 Seasons Drive. He stated that the structure is for a RV cover that will 126 encroach on the required side setback requirement of 5 feet from side property lines by approximately 127 1 foot on the northeast corner. Additionally, the property already has an existing 12’x12’ accessory 128
structure immediately behind the home. He stated that the proposed RV carport is proposed to be 2’ 129 from this existing accessory structure. The Zoning Ordinance requires that all accessory structures 130 have a 5 foot distance from other accessory structures. 131 132 Steve Callahan, petitioner, presented the variance request to allow a covered RV structure to encroach 133 into the side yard setback on property located at 1816 Seasons Drive. He stated that it is the same 134
location where his previous smaller 28 foot RV was parked. The new RV is larger at 43 feet. 135 136 Chairman Crosby opened the floor for public comments. There were none. The public hearing was 137 closed. 138 139 A letter of support for the variance request was received from Floyd Bingham, 1814 Seasons Drive. 140
(Attached and made a part of the minutes). 141 142 Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. 143 Barrett moved to establish the findings of fact stating that 1) that special conditions and circumstances 144 do not exist which are peculiar to the land, structure, or building involved and which are applicable to 145 other lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the 146 zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the 147 same district under the terms of the zoning ordinance; 3) that the special conditions and circumstances 148 do result from actions of the applicant (self-imposed hardship); 4) that granting of a variance will 149 confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or 150 buildings in the same district; 5) that granting of a variance is in harmony with the intent and purposes 151
of the zoning ordinance; and 6) that a variance will not adversely affect the surrounding property, the 152 general neighborhood, or the community as a whole. Mr. Parker seconded the motion. The motion to 153 approve the findings of fact passed unanimously. 154
155 After no further discussion, the vote was called. Mr. Barrett moved to approve the request as 156 submitted based on the approved findings of fact. Mr. Knapp seconded the motion. The motion to 157
approve failed for a lack of four (4) affirmative votes. The votes are as recorded. Favor: Chairman 158 Crosby, Mr. Knapp, and Mr. Barrett. Oppose: Mr. Parker and Mr. Duke 159 160 The BZA voted to deny the variance to allow an accessory structure encroachment on property located 161 at 1816 Seasons Drive. 162 163 164 165 DRAFT
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Prattville Board of Zoning Adjustment August 11, 2020 Minutes Page 4 of 4
MINUTES: 166 Mr. Knapp moved to approve the minutes of the July 14, 2020, regular meeting. Mr. Duke seconded 167 the motion. The motion to approve passed unanimously. 168 169
OLD BUSINESS: 170 Proposed Amendments: Board of Zoning Adjustment By-Laws 171 172 Mr. Stephens presented to the BZA proposed changes to their current By-Laws. After the Board’s 173 review and discussion, they recommended approving the changes. 174 175
Mr. Barrett moved to approve the amendments to the Board of Zoning Adjustment By-Laws. Mr. 176 Knapp seconded the motion. The motion to approve passed unanimously. 177 178
MISCELLANEOUS: 179 180 ADJOURN: 181 After no further comments, questions, or discussion the meeting was adjourned at 4:55 p.m. 182 183
Respectfully submitted, 184 185
186 187 Alisa Morgan, Secretary 188 Board of Zoning Adjustment 189 DRAFT
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Staff Report
Board of Zoning Adjustment
Use On Appeal 201013-01
MEETING DATE: October 13, 2020
PETITIONER: Tyler Lawrence
PROPERTY OWNER: Tyler Lawrence
SUBJECT SITE: 1976 Regent Road
REQUEST: To operate a home lawn care business
CURRENT ZONING: R-3 (Single-Family Residential)
LOCATION: 1976 Regent Road
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 through 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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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 equipment that will be utilized will be stored in an enclosed
trailer located behind the fence line.
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.”
Planning Department Recommendation: Approve
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REGENT RD±Legend
Streets
GB_7
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0 12060
Feet
Locations are approximate
Aerial Map - 1976 Regent Raod
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MCQUEEN SMITH RD SREGENT RDLITTLE
F
A
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M
R
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DUNDEE DR
BRIARWOOD STREGENT CTTURNBERRY CTCASTLEBROOK DRGLEN MEADOW CT LITTLE FARM PL±Legend
AUTAUGA_ELMORE_LINE
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Location Map - 1976 Regent Raod
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DUNDEE DR
BRIARWOOD STREGENT CTTURNBERRY CTCASTLEBROOK DRGLEN MEADOW CT LITTLE FARM PLR-3
R-2
R-4
F.A.R.
B-2
O-1
R-2
R-4
B-2B-2
R-5
±Legend
AUTAUGA_ELMORE_LINE
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Zoning Map - 1976 Regent Raod
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Board of Zoning Adjustment
Staff Report
Variance 201013-02
MEETING DATE: October 13, 2020
PETITIONER: Mitch Devers
PROPERTY OWNER: Kenneth Mitch & Pamela Devers
SUBJECT SITE: 814 Selma Highway
REQUEST: Variance – To vary from accessory structure requirements
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: 814 Selma Highway
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 metal sided accessory structure to be larger than 200 square feet (Section 69.3 (2) e.)
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;
d. Accessory structures shall not be located closer than five feet (5') to property lines; DRAFT
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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.
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ANAYLSIS/EVALUATION:
Applicant is proposing to install/construct a 40’W x 50’L x 12’H (2000 sq ft) workshop/storage accessory structure in the
rear yard along the northwestern corner of property. Proposed accessory structure will encroach on the required size for a
metal clad building. The Zoning Ordinance requires that all accessory structures have exterior materials or cladding that is
similar to and complements 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.
The subject lot is more than 5 acres with only a driveways width street frontage on Selma Road (flag lot). Lot is mostly
wooded nearest to Selma Highway and at rear. Existing residence is not visible from Selma Highway and proposed
structure will not be visible from Selma Highway due to the proposed location behind the residence.
This request violates Section 69.3 (2) e. of the City of Prattville Zoning Ordinance and would need a variance in
order for a permit to be issued.
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814 Selma Highway - Existing
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814 Selma Highway Site Plan – Existing and Proposed Structures
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SELMA HWY±Legend
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Aerial Map - 814 Selma Hwy
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SELMA HWYRICE STGRAY DR
D
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DSTAKELY DRWASHINGTON FERRY RDLINDA LN
CLUBVIEW DRJESSYES LNKINGSWOOD DR
DALE DR
MCBRIDE ST
MARLETTE D
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SUMMERHILL RD
CYPRESS
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FESTIVAL CT
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Location Map - 814 Selma Hwy
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DSTAKELY DRWASHINGTON FERRY RDLINDA LN
CLUBVIEW DRJESSYES LNKINGSWOOD DR
DALE DR
MCBRIDE ST
MARLETTE D
R
SUMMERHILL RD
CYPRESS
C
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K
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FESTIVAL CT
R-2
B-1
T-1
F.A.R.
R-5
R-3
R-3
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Zoning Map - 814 Selma Hwy
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Staff Report
Board of Zoning Adjustment
Use On Appeal 201013-03
MEETING DATE: October 13, 2020
PETITIONER: Rhyan Greer Howe
PROPERTY OWNER: Bryce C. Howe
SUBJECT SITE: 102 Griffith Ave.
REQUEST: To operate a home cosmetology business
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: 102 Griffith Ave.
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. Use on appeal in order to operate a home cosmetology business.
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-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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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-2 district, if equipment is properly stored. The petitioner should be aware that no more than two clients may
be on the premises at any time, and no more than ten clients visiting the home on any day. The hours of operation
will be Monday 1pm -6pm, Friday and Sunday 9:00am – 3:15pm
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.”
Planning Department Recommendation: Approve
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Locations are approximate
Aerial Map - 102 Griffith Ave
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WOODVALE RDN MEMORIAL DRCED
A
R
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R
EDGEWOOD AVE
GRIFFITH AVE
SKIDMORE AVE
SHADOW LNLIVINGSTON AVEWALKER STHICKORY LNBROOKWOOD DR
AZALEA DR LIVINGSTON CIRGREENSPRINGS DR
CHERRY DR
±Legend
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Location Map - 102 Griffith Ave
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WOODVALE RDN MEMORIAL DRCED
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R
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EDGEWOOD AVE
GRIFFITH AVE
SKIDMORE AVE
SHADOW LNLIVINGSTON AVEWALKER STHICKORY LNBROOKWOOD DR
AZALEA DR LIVINGSTON CIRGREENSPRINGS DR
CHERRY DR
R-2
R-2
R-2
R-3
R-3
R-2±Legend
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Zoning Map - 102 Griffith Ave
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