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09 - Sept. SP MTGPrattville Board of Zoning Adjustment September 16, 2014 Minutes (Special Meeting) Page 1 of 2 City of Prattville Board of Zoning Adjustment Minutes Special Meeting September 16, 2014 CALL TO ORDER: The special meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice- Chairman James Miles at 4:03 p.m. on Tuesday,September 16, 2014. ROLL CALL: Present:Vice-Chairman James Miles,Mr. Gerald Cimis,Mr. Mac Macready,Mrs. Jerry Schannep and Commander Whaley.Absent:Chairman Leo Jamieson. Quorum Present Staff present:Mr. Joel Duke, City Planner and Ms.Alisa Morgan,Secretary. Vice-Chairman Miles stated the governing rules for the Prattville Board of Zoning Adjustment according to the Code of Alabama, 1975 and the procedure of the meeting. MINUTES: None OLD BUSINESS: None NEW BUSINESS: USE-ON-APPEAL To permit extension of 18 month temporary structure 508 McQueen Smith Road B-2 Zoning District (General Business) J. J. S. Enterprises, LLC, Petitioner Mr. Duke provided the staff report for the use-on-appeal request to extend the temporary structure for 18 months on property at 508 McQueen Smith Road.He stated that the property is zoned B-2 and the proposed car sales is an allowable use.He stated that the structure was originally placed by Buford Gilmore. He stated that the proposed use of the property is for automobile sales. Matt Parsley,of J. J. S. Enterprises, LLC,petitioner’s representative stated that they have been in business at the same location on Mendel Parkway in Montgomery for 25 years. He stated that they are renting the property from the current owner with hopes to purchase. He stated that they wanted to extend the current temporary structure for an additional 18 months to allow time for them to start business and within time to purchase property. Vice-Chairman Miles opened the public hearing.There were none to speak.The public hearing was closed. After no further comments, questions, or discussion, the vote was called.Mr. Cimis moved to approve the request to permit the extension of the temporary structure at 508 McQueen Smith Road for 18 months contingent that the structure is removed if vacated prior to the end of the 18 month time period. Commander Whaley seconded the motion. Prattville Board of Zoning Adjustment September 16, 2014 Minutes (Special Meeting) Page 2 of 2 The motion to approve passed unanimously. VARIANCE To allow an accessory structure in the side yard 1075 Lower Kingston Road R-3 Zoning District (Single Family Residential) Earl Summerlin, Petitioner Mr. Duke provided the staff report for the variance request to place a detached garage in the side yard on property at 1075 Lower Kingston Road.He stated that the 30x40 structure was already completed prior to purchasing a building permit. Earl Summerlin, petitioner,presented the request for the garage in the side yard. He stated that he hired a contractor to build the structure (Crown Steel Buildings out of Georgia). He stated that hedidn’t realize that a permit had not been pulled until he requested power by the power company. He stated that he was told by the contractor later that he was responsible for obtaining the permit. He stated that the property is not typical of R-3 subdivisions. He stated that the property is over 5 acres. Vice-Chairman Miles opened the public hearing. There were none to speak. The public hearing was closed. After no further comments, questions, or discussion, the vote was called. The BZA voted unanimously to approve the variance to allow an accessory structure in the side yard on property at 1075 Lower Kingston Road. MISCELLANEOUS: The BZA discussed holding a training session in October. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 4:45 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report USE-ON-APPEAL J.J.S. Enterprises (Budget Car Sales) – 508 McQueen Smith Road South BZA Application – 140916-01SP DATE September 16, 2014 PROPOSED DEVLOPMENT Petitioners: J.J.S. Enterprises, LLC Property Owners: Gilmore, LLC Agent: N/A Location: 508 McQueen Smith Road Development Status and History Submission Status: Requesting renewal of permission to use a temporary structure on the site for an 18 month period. Previous Approvals: Granted use-on-appeal on March 9, 2004 for placement of temporary building on the property for 18 months. Conditions of Previous Approvals: None additional to the required city codes. Property Configuration Acreage: Approximately 0.55 acre Proposed Use: Retail car sales Current Zoning: B-2 (General Business) Required Zoning: Use is permitted without additional approval by BZA Surrounding Developments and Uses: All surrounding property is zoned B-2 General Business. Page 2 of 2 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: August 26, 2014 Recommendation: This requested use has been referred back to the BZA as an extension of a temporary structure approval granted originally to the Mr. Buford Gilmore in March 2004. The petitioner is requesting to renew and extend use of the existing temporary structure for another 18 month period. The petitioner has indicated a desire to build a permanent structure 508 McQueen Smith Road South or another site in Prattville within the 18 month period. The proposed use is permitted by zoning and can be accommodated by the site. The request should be approved. Planning Staff Comments: Below is the staff opinion of questions generally applied to uses-on-appeal: 1. The proposed temporary structure is an allowable use-on-appeal, and is not a prohibited use in a B-2 district. 2. Development of the proposed temporary structure at 508 McQueen Smith Road South is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance. 3. The proposed temporary structure will not cause substantial adverse impact to adjacent or nearby properties or uses. ATTACHMENTS 1. BZA approval – March 2004 CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 1075 Lower Kingston Road BZA Application – 140916-SP02 DATE September 15, 2014 PROPOSED DEVLOPMENT Petitioner: Earl and Rita Summerlin Property Owners: Same Agent: N/A Location: 1075 Lower Kingston Road Development Status and History Previous Development Approvals N/A Previous Variance Requests/Approvals: No previous variances Conditions of Previous Approvals: N/A Property Configuration Acreage: Approximately 5.9 acres Zoning Classification: R-3, Single-family Residential Page 2 of 4 Relevant Standards: Section 9. - Structures. a. [General.] It is the intent of this ordinance, that there shall be but one (1) main structure on any lot zoned or used for single-family residential purposes; also, accessory structures shall not exceed fifty (50) percent of the total floor area of any main structure. No accessory structure shall be used as living quarters; however, protective shelters may provide temporary living quarters in times of danger or emergency. This section shall not apply to multifamily developments as defined herein. Section 68. – Definitions Accessory structure. Any detached minor building in the rear of the main building consisting of masonry or frame walls and roof, one (1) or two (2) stories in height, necessary as an adjunct to the use or occupancy of a principal or main structure. Yard, rear. The yard extending across the entire width of the lot between the main building, including covered porches, and the rear lot line. Yard, side. The yard extending along a side lot line, from the front yard to the rear yard, between the main building, including covered porches and carports, and such lot line. Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): Requesting variance to permit placement of the 30 x 40 accessory structure in the side yard rather than the rear yard as required by Zoning Ordinance. Statement of Hardship: (taken from application) “Only a small portion of my property is visible from the road. Building site and home are located up and off the road, proposed building site is not seen from the road and roof line of home is barely seen from the road and only if you turn into drive. Property is 5.9 acres and is more of a rural wooded setting than a residential setting. The property behind my residence drops off very steep and is heavily wooded. My residence is located toward the rear Page 3 of 4 right of my property which leaves the open pasture to the left side of my house the only viable building site. There is nothing behind property but swamp and Highway 82. To the right of property is a rental home that is at least 300 yards (heavily wooded down a steep drop off across a creek)” PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: August 12, 2014 Recommendation: Variance may be granted without adverse impact to subject property or surrounding property. Orientation of lot and main structure and topography are possible justifications for the variance. Planning Staff Comments: Analysis: Mr. Summerlin submitted a building permit application for the subject accessory structure after requesting electrical service for the completed structure and discovering that a permit was required for its construction. The application for permit was denied based on the location of the structure in conflict with the Zoning Ordinance. Mr. Summerlin’s property is a large lot located on the relatively undeveloped edge of the city limits. The main structure is located further off Lower Kingston than required by ordinance and to the east side of the property. It appears the greater setback may be due to the steep topography near the street. The rear portion of the property is heavily wooded and slopes down to the Norfolk Southern railroad tracks. The slope averages 15%. The placement of the main building near the east property line and the rear yard slope leave most the open space on the lot between the main structure and the west line. This side yard is a cleared level pasture creating a large separation between Mr. Summerlin and his neighbor. While not located in the rear yard as required, the accessory structure is unlikely to negatively impact adjacent properties or Mr. Summerlin’s property. 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. Page 4 of 4 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. 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 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. ATTACHMENTS 1. Attachment A - Aerial Photo – 1075 Lower Kingston Road 280 2 4 0250 2 6 0 2 7 0 290 300 230310 ²1 inch = 80 feet Aerial photography date: March 2010 Legend Autauga Co Tax Parcel BUILDING_FOOTPRINT 2010