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02 - February 11 PLANNING & DEVELOPME NT DEPARTMENT 102 WEST MAIN STREET  PRATTVILLE, ALABAMA 36067  334-361-3613  334-361 -3677 FACSIMILE planning.prattvilleal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A February 11, 2014 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep. Alternate Member: Commander Michael Whaley. Minutes: Old Business: None New Business: 1. 140211-01 VARIANCE To encroach into the required front, rear and side yards setback. 249 Easy Street R-3 Zoning District (Single Family Residential) Ethel M. Stoudemire, Petitioner District 2 Miscellaneous: Adjourn: Prattville Board of Zoning Adjustment February 11, 2014 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment Minutes February 11, 2014 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:03 p.m. on Tuesday,February 11, 2014. ROLL CALL: Present:Chairman Leo Jamieson,Vice-Chairman James Miles, Mr. Gerald Cimis,Mr. Mac Macready, and Commander Michael Whaley.Absent:Mrs. Jerry Schannep. Quorum Present Staff present:Mr. Joel Duke, City Planner and Ms.Alisa Morgan,Secretary. Chairman Jamieson stated the governing rules for the Prattville Board of Zoning Adjustment according to the Code of Alabama, 1975 and the procedure of the meeting. OLD BUSINESS: None NEW BUSINESS: VARIANCE To encroach into the required front,rear and side yards setback. 249 Easy Street R-3 Zoning District (Single Family Residential) Ethel M. Stoudemire, Petitioner Mr. Duke provided the staff report for the variance request to encroach into the required front, rear and side yards setback. Ethel M. Stoudemire, petitioner, presented the variance request for the 8’ encroachment into the 25’ front yard, 5’ encroachment into the 30’ rear yard and the .2’ encroachment into the northwest corner side yard.She stated that she did not know that there was any violation until she received notification from the city’s building department. She stated that she did not obtain a survey of the property untilafter construction because she thought one was previously done. She stated that the lots’ description that she received from the county’s office was different than the survey. She stated that the original house plans were modified several times to ensure that the house would fit on the lot. She stated that the front porch is the major encroachment but it looks no closer to the street that the surrounding neighbor’s property. Chairman Jamieson opened the public hearing. Jimmy Morris, 226 Easy Street, stated that he help his sister with the construction. He stated that they realized that there were violations after the house was built. He pleaded to the board for leniency to allow his sister to maintain the property as constructed. Chairman Jamieson called for a five minute recess. The meeting resumed with all prior members present. Prattville Board of Zoning Adjustment February 11, 2014 Minutes Page 2 of 2 Queenie Morris Ezell, 270 Easy Street, spoke in favor of the request. She stated that the house and other new construction had improved the look and safety of the neighborhood. Betty Robinson, 125 Spanish Oak, spoke in opposition to the request. She stated that she purchased property that she couldn’t use because of zoning regulations. She stated that everyone should comply with regulations. Carol Dassel, 520 Upper Kingston Road, adjacent property owner had no objection to the request. The public hearing was closed. After no further comments, questions, or discussion, the vote was called. Finding that the variance would not adversely affect the surrounding property, the general neighborhood, or the community as a whole;Mr.Cimis moved to approve as submitted.Commander Whaley seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:51 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 249 Easy Street BZA Application – 140211-01 DATE February 10, 2014 PROPOSED DEVLOPMENT Petitioner: Ethel M. Stoudimere Property Owners: same as petitioner Agent: N/A Location: 249 Easy Street Development Status and History Previous Variance Requests/Approvals: N/A Conditions of Previous Approvals: N/A Property Configuration Acreage: 0.37 acres (15,940 square feet) Zoning Classification: R-3, Single Family Residential Relevant District Standards: Yard Setbacks: Front: 25’ Rear: 30’ Side: 8’/6’ Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): Encroachments into required 25” front setback, 30’ rear setback, and 6’ side yard. Amount of encroachment: 1. 6’ into front yard due to covered porch 2. 5’ encroachment into rear yard at SE corner Page 2 of 3 3. 0.2 ‘ encroachment into side yard at NW corner Statement of Hardship: (taken from application) “Writer is requesting this variance because it is important for writer to move the house to meet the city zoning criteria.” PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: Several visits in October 2013 Recommendation: Approval based on minimal or no impact to surrounding properties. Planning Staff Comments: The variance is being requested for the recently completed residential structure at 249 Easy Street. A survey of the completed structure and property was requested by the applicant/owner in September 2013 prior to requesting a Certificate of Occupancy. The survey indicates that the completed house deviates from the site plan presented to the city for building permit approval. The deviations created encroachments into the required front, side and rear setbacks. The applicant is requesting a variance to correct these builder errors. State code and best practices require the BZA to measure variance requests against several basic standards. Below is the staff opinion regarding the standards and this request. 1. No special conditions and circumstances exist regarding this structure which are not applicable to other lands, structures, or buildings in the same R-3 zoning district. 2. A literal interpretation of the zoning ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning ordinance. 3. The special conditions and circumstances do result from actions of the applicant. Page 3 of 3 4. The granting of a variance will confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same R-3 district; 5. The granting of a variance is in harmony with the intent and purposes of the zoning ordinance; 6. A variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole; 7. A variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance in an R-3 district.  It is clear that the applicant and the builder clearly deviated from the approved site plan; making changes without consulting the city for information and approval. Therefore, the hardship and the need for a variance are self-created. In addition, by submitting a site plan for building permit approval that met code, the applicant indicated that a variance is not necessary to allow construction of a residential structure on the property.  It is clear that the applicant’s actions and the existence of a complete structure magnify the impact of any decision by the Board. However, the Board should still try to review the request as if it were presented prior to permit approval. This requires the Board to examine the impact of the requested variances to the surrounding neighborhood. Do the encroachments into the required setbacks adversely impact the adjacent properties? Is the present setback significantly different from the setback of existing structures near 249 Easy Street?  The impact of the requested variances to the surrounding neighborhood and properties is minimal. The front setback encroachment is confined to the front porch, and while not in compliance, matches the average setback of the existing, older structures on the street. The rear setback encroachment is not noticeable from the street. The side encroachment is known due to the survey to a ten of a foot. ATTACHMENTS 1. Location Map 2. Site plan provided with December 2012 permit application 3. Survey of completed structure – September 2013