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04 - April 08 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 April 8, 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: March 11, 2014 Old Business: 1. 140311-01 VARIANCE To add a storage building to a legal non-conforming use. 105 and 113 Pickett Street R-2 Zoning District (Single Family Residential) Thomas L. Davis, Petitioner District 2 New Business: 2. 140408-01 USE-ON-APPEAL To allow use for a child development center. 720 Doster Road B-1 Zoning District (Local Shopping District) Gateway Youth Empowerment, Petitioner District 7 3. 140408-02 VARIANCE To encroach into the rear yard existing nonconforming setback. 508 Honeybee Court R-2 Zoning District (Single Family Residential) Debbie Scarpace, Petitioner District 4. 140408-03 VARIANCE To encroach into the required 40’ rear yard setback. 201 Evergreen Street R-2 Zoning District (Single Family Residential) Clark Goss, Petitioner District 7 Miscellaneous: Adjourn: CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 105 & 113 Pickett Street BZA Application – 140311-01 DATE March 10, 2014 PROPOSED DEVLOPMENT Petitioner: Thomas L. Davis Property Owners: same as petitioner Agent: N/A Location: 105 and 113 Pickett Street Development Status and History Previous Variance Requests/Approvals: N/A Conditions of Previous Approvals: N/A Property Configuration Acreage: 0.72 acres (31,233 square feet) Zoning Classification: R-2, Single Family Residential Relevant Standards: Section 4. – Uses (B) Any use or structure existing at the time of enactment or of subsequent amendment to this ordinance, but not in conformity with its provisions, may be continued with the following limitations: Any use or structure which does not conform to the provisions of this ordinance, except with the written approval of the Board of Zoning Adjustment, shall not be: (a) Chained to another nonconforming use. (b) Re-established after discontinue [discontinuance] for one (1) year. (c) Rebuilt after fire or storm loss, exceeding its value, above foundation, at the time of loss. Page 2 of 4 Section 5. - Building lots, yards and open spaces. In each district, each structure, hereafter erected or altered, shall be provided with the yards specified and shall be on a lot of the area and width specified in Article 7. No open space or lot required for a building or structure shall during its life be occupied by or counted as open space for another building or structure. Exceptions to the district requirements for building lots and yards follow: a. Where the owner of a lot of official record at the time of adoption of this ordinance does not own sufficient adjacent land to enable him to conform to the yard and other requirements of this ordinance, one (1) building and its accessory structures may be built provided the yard space and other requirements conform as closely as possible, in the opinion of the Board of Zoning Adjustment, to the requirements of the district in which it is located; and further provided that neither side yard shall be reduced to less than five (5) feet in width. b. No building need be set back more than the average of the setbacks of the existing residences within one hundred (100) feet each side thereof. Section 71. R-2 Districts Minimum Lot Size: 10,500 square feet Maximum Lot Coverage: 45% Yard Setbacks: Front: 35’ Rear: 40’ Sides: 10’ Accessory Structure Location: behind rear building line Accessory Structure Setbacks: 5’ from rear and side lines. Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): R-2 parcel is a legal non-conforming use due to the presence of two single family structures. Applicant wishes to add an accessory structure which will further its non-conformance. This is prohibited by Section 4. Applicant is requesting a variance to allow the storage building/accessory structure. Page 3 of 4 Statement of Hardship: (taken from application) No statement of hardship is provided on the application. PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: Several visits in March 2014 Recommendation: Denial – no clear hardship. Two legal, R-2 lots can be created from the .72 acre parcel allowing legal placement of accessory structures and further legal use of the two separate lots. Planning Staff Comments: The applicant applied for a permit to add a new accessory structure on the residential parcel containing 105 and 113 Pickett Street -- two single-family residential structures. Since the property is zoned R-2, which limits the uses to a single residential structure per lot, the current configuration is legal non-conforming as defined by Zoning Ordinance, Section 4(B). Adding the accessory structure will further the non- conformance. The applicant is requesting a variance to allow the accessory structure to be placed behind 105 Pickett Street. 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 not result from actions of the applicant. Page 4 of 4 4. The granting of a variance will confer a special privilege on the applicant that is denied by the zoning ordinance to other lands, structures, or buildings in the same R-3 district; 5. The granting of a variance is not in harmony with the intent and purposes of the zoning ordinance; 6. A variance may not adversely affect the surrounding property, the general neighborhood, or the community as a whole; 7. A variance will allow the establishment of a use prohibited under the terms of the zoning ordinance in an R-2 district.  R-2 standards require a minimum lot size of 10,500 square feet. The subject parcel is of sufficient size that it may be divided into two lots meeting the zoning district’s minimum lot area. Once divided, the accessory structure can be permitted as long as it is placed behind the rear building line. ATTACHMENTS 1. Location Map 2. Application. CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report USE-ON-APPEAL Gateway Youth Empowerment – Daycare Center – 720 Doster Road BZA Application – 140408-01 DATE April 6, 2014 PROPOSED DEVLOPMENT Petitioners: Gateway Youth Empowerment Ministries Property Owners: Boonepen Carter Agent: N/A Location: 720 Doster Road Development Status and History Submission Status: Requesting a revision/expansion to the use-on-appeal granted by BZA on July 9, 2013. Expanding approved after-school daycare and summer youth program to a full time daycare program Previous Approvals: Granted use-on-appeal on July 9, 2013 for use as an after- school daycare and summer youth program. Conditions of Previous Approvals: None additional to the required city codes. Property Configuration Acreage: Approximately 0.45 acres Proposed Use: Full time daycare program Current Zoning: B-1 (Local Shopping District) Required Zoning: Daycare permitted with use-on-appeal approval from the Board of Zoning Adjustment. Page 2 of 3 Surrounding Developments and Uses: The property west of the site and across Autauga Creek is zoned R-2, Single-family Residential and used for low density housing. To the east and across Doster Road is the New Moon Subdivision zoned T-1, Mobile Home Subdivision. North and south of the proposed development are vacant, undeveloped, forested parcels zoned B-1, Neighborhood Commercial. Street Extensions or New Streets: None required or proposed. Water and Sewer: Adequate potable water and sanitary sewer for the proposed use is provided to the site. PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: April 1, 2014 Recommendation: This requested use has been referred back to the BZA as an expansion of the use-on-appeal approval grant in July 2013. The proposed use is heavily regulated by the city’s building and fire codes. The size of the site and the building’s size and configuration limited the size of the initial operation. These limitations will also apply to the expansion. The only substantial change to the daycare program is its operating hours. Unless some information is presented at hearing that reveals a negative traffic or noise impact to the neighborhood, the request should be approved. Planning Staff Comments: Below is the staff opinion of questions generally applied to uses-on-appeal: 1. The proposed daycare center is an allowable use-on-appeal, and is not a prohibited use in a B-1 district. Page 3 of 3 2. Development of the proposed use at 720 Doster Road is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance. 3. The proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. ATTACHMENTS 1. BZA approval – July 9, 2013 130709-03 PRATTVILLE BOARD OF ZONING ADJUSTMENT PETITIONER: GATEWAY YOUTH EMPOWERMENT 1849 GLYNWOOD DRIVE PRATTVILLE, AL 36066 REQUEST: USE-ON-APPEAL TO ALLOW USE AS AFTER-SCHOOL CARE AND SUMMER DAY CAMP 720 DOSTER ROAD B-1 ZONING DISTRICT (LOCAL SHOPPING DISTRICT) ORDER The above petition having been duly considered at a public hearing meeting before the Board of Zoning Adjustment of the City of Prattville, having been advertised in The Prattville Progress, a newspaper of general circulation in the city limits of Prattville, Alabama, and setting forth notice of the request for a variance to the Zoning Laws of Prattville, Alabama, as set out in the aforesaid petition and giving notice that a public hearing would be held on July 9, 2013 at the City Hall in Prattville, Alabama, and after due consideration of the party in interest, the Board of Zoning Adjustment of the City of Prattville voted to approve the use-on-appeal to allow use as after- school care and summer day camp on property at 720 Doster Road. IT IS THEREFORE ORDERED the petition of Gateway Youth Empowerment, 1849 Glynwood Drive, Prattville, AL is hereby approved. DONE THIS THE 9th DAY OF July 2013. BOARD OF ZONING ADJUSTMENT ____________________________________ LEO JAMIESON, CHAIRMAN ____________________________________ ALISA MORGAN, SECRETARY CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 508 Honeybee Court BZA Application – 140408-02 DATE April 6, 2014 PROPOSED DEVLOPMENT Petitioner: Debbie Scarpace Property Owners: same as petitioner Agent: N/A Location: 508 Honeybee Court Development Status and History Previous Variance Requests/Approvals: No previous variances Conditions of Previous Approvals: N/A Property Configuration Acreage: Approximately 0.44 acres (19,167 square feet) Zoning Classification: R-2, Single Family Residential Relevant Standards: Section 4. – Uses (B) Any use or structure existing at the time of enactment or of subsequent amendment to this ordinance, but not in conformity with its provisions, may be continued with the following limitations: Any use or structure which does not conform to the provisions of this ordinance, except with the written approval of the Board of Zoning Adjustment, shall not be: (a) Chained to another nonconforming use. (b) Re-established after discontinue [discontinuance] for one (1) year. Page 2 of 4 (c) Rebuilt after fire or storm loss, exceeding its value, above foundation, at the time of loss. Section 5. - Building lots, yards and open spaces. In each district, each structure, hereafter erected or altered, shall be provided with the yards specified and shall be on a lot of the area and width specified in Article 7. No open space or lot required for a building or structure shall during its life be occupied by or counted as open space for another building or structure. Exceptions to the district requirements for building lots and yards follow: a. Where the owner of a lot of official record at the time of adoption of this ordinance does not own sufficient adjacent land to enable him to conform to the yard and other requirements of this ordinance, one (1) building and its accessory structures may be built provided the yard space and other requirements conform as closely as possible, in the opinion of the Board of Zoning Adjustment, to the requirements of the district in which it is located; and further provided that neither side yard shall be reduced to less than five (5) feet in width. b. No building need be set back more than the average of the setbacks of the existing residences within one hundred (100) feet each side thereof. Section 68 – Definitions. Yard, rear. The yard extending across the entire width of the lot between the main building, including covered porches, and the rear lot line. Section 71— R-2 Districts Minimum Lot Size: 10,500 square feet Maximum Lot Coverage: 45% Yard Setbacks: Front: 35’ Rear: 40’ Sides: 10’ Accessory Structure Location: behind rear building line Page 3 of 4 Accessory Structure Setbacks: 5’ from rear and side lines. Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): Existing structure at 508 Honeybee Court has a 4’ encroachment into the required 40’ rear yard. The applicant is requesting a variance to permit a further 10’ encroachment in order to add an attached cover to an existing deck. The effective rear setback will be 26’. Statement of Hardship: (taken from application) “My house was built (in the) late 1970’s at which I purchased in the 2007. I am wanting to build an aluminum patio cover to cover my existing wood deck. I understand the R-2 zone requires a forty foot set back. However, I have thirty-six feet currently. I request a variance to install a 10 feet patio cover.” PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: April 6, 2014 Recommendation: Variance is not justified. No extraordinary hardship has been presented. Existing non-conformance should not have an impact on the request. If the main structure complied with the 40’ setback, a variance would still be necessary to permit a permanent, attached awning over the deck. Planning Staff Comments: The existing structure at 508 Honeybee Court encroaches approximately 4’ into the 40’ setback required by in an R-2 district. Attached to the rear of the structure is an uncovered wooded deck that extends 10’ further into the rear yard. This existing structure and uncovered deck has been deemed to be a legal non-conforming use under the terms of Section 4. The applicant requested a building permit to construct an attached patio cover which will match the 10’ depth of the existing deck. Since the attached patio cover will be considered a part of the main structure and must meet the setback requirements, adding the patio cover will further the non-conformance of the structure. Page 4 of 4 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-2 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 not result from actions of the applicant. 4. The granting of a variance will confer a special privilege on the applicant that is denied by the zoning ordinance to other lands, structures, or buildings in the same R-3 district; 5. The granting of a variance is not in harmony with the intent and purposes of the zoning ordinance; 6. A variance may not adversely affect the surrounding property, the general neighborhood, or the community as a whole; 7. A variance will allow the establishment of a use prohibited under the terms of the zoning ordinance in an R-2 district. ATTACHMENTS None. Please see earlier mail out. CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 201 Evergreen Street BZA Application – 140408-03 DATE April 6, 2014 PROPOSED DEVLOPMENT Petitioner: Clark Goss Property Owners: Trust of Arthur and Agnes Cobern Agent: N/A Location: 201 Evergreen Street (corner of Evergreen and Deer Wood Drive). Development Status and History Previous Variance Requests/Approvals: Undeveloped lot - no existing variances Conditions of Previous Approvals: N/A Property Configuration Acreage: Approximately 0.49 acres (21,344 square feet) Zoning Classification: R-2, Single Family Residential Relevant Standards: Section 68 – Definitions. Yard, rear. The yard extending across the entire width of the lot between the main building, including covered porches, and the rear lot line. Section 71— R-2 Districts Minimum Lot Size: 10,500 square feet Maximum Lot Coverage: 45% Yard Setbacks: Front: 35’ Rear: 40’ Page 2 of 3 Sides: 10’ Accessory Structure Location: behind rear building line Accessory Structure Setbacks: 5’ from rear and side lines. Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): Requesting either a 4’ or 10’ encroachment into the required 40’ rear yard for a new house. Applicant intends to face Evergreen Street in conformance with the opposite corner of Evergreen Street and Deer Wood Drive. Statement of Hardship: (taken from application) Attachment A from the application included with the report. PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: April 6, 2014 Recommendation: Variance is not justified. No extraordinary hardship has been presented. Sufficient space exists on the lot to achieve any square footage required by covenants, as defined by the applicant, and still comply with zoning. Planning Staff Comments: 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-2 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 the zoning ordinance to other lands, structures, or buildings in the same R-3 district; 5. The granting of a variance is not in harmony with the intent and purposes of the zoning ordinance; 6. A variance may not adversely affect the surrounding property, the general neighborhood, or the community as a whole; 7. A variance will allow the establishment of a use prohibited under the terms of the zoning ordinance in an R-2 district. ATTACHMENTS 1. Application – Attachment A – Applicant’s Statement 2. Deer Wood Subdivision Protective Covenants (provided by staff)