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09 - September 09Prattville Board of Zoning Adjustment September 9, 2014 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment Minutes September 9, 2014 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice- Chairman James Miles at 4:02 p.m. on Tuesday,September 9, 2014. ROLL CALL: Present:Vice-Chairman James Miles,Mr. Gerald Cimis,Mr. Mac Macready,and Mrs. Jerry Schannep.Absent:Chairman Leo Jamieson and Commander Whaley. 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: Mr. Cimis moved to approve the minutes of the August 12, 2014 meeting.Mr.Macready seconded the motion. The motion passed unanimously. OLD BUSINESS: None NEW BUSINESS: USE-ON-APPEAL To allow for church use. 816 Dozier Avenue B-1 Zoning District (Neighborhood Commercial) Primera Iglesia Pentecostal, Petitioner Mr. Duke provided the staff report for the use-on-appeal request to allow a church to operate at 816 Dozier Avenue.He stated that the property is zoned B-1 which allows for church use as a use on appeal.He stated that there are currently 14 parking spaces provided which is sufficient for an occupancy load of 50. Jamie Briceno,petitioner, stated that the proposed church is a branch from the Pentecostal church located on Washington Ferry Road.He stated that the proposed hours of operation is on Sundays at 1:30 p.m.-2:30 p.m. and Thursday s at 7:00 p.m.-8:00 p.m. He stated that the congregation’s currently maximum occupancy is 30. He stated that they hope to remain at the location for at least two years if the occupancy does not grow more than 70 before they would have to move.He stated that the congregation would be setup for 60.He stated that they have a contract agreement with adjacent property owner, Steve’s Service Repair, 914 & 916 South Memorial Drive, to allow overflow parking. He stated that there would be no regular service during the week and some youth activity maybe once a month after business hours. Shawn Meeks,advocate for the petitioner,stated that he was the lead pastor of the Pentecostal church on Washington Ferry Road. He stated that they currently share space with the proposed church. Hestated that they support the church’s growth. Prattville Board of Zoning Adjustment September 9, 2014 Minutes Page 2 of 3 Mr. Duke stated that the overflow parking contract was suggested by staff,but that he had not seen the actual contract. He also stated that the building code requirements may restrict the seating more than available parking. Vice-Chairman Miles opened the public hearing. Jerry Hamm, 814 Dozier Avenue,spoke in opposition to the request.He stated that the previous business that operated on the property allowed their customers to park on his property. He stated that the building is not handicap accessible. Dennis Traywick, 932 Davis Street, spoke in opposition to the request due to potential noise increase in the neighborhood. Mr. Meeks stated that the church (Pentecostal church) would financially support the proposed church in making building suitable to occupy. Mr. Briceno stated that they would be willing to put up a 12’ fence to help mitigate noise and will make sure that the property of adjacent property owners is not violated. The public hearing was closed. After no further comments, questions, or discussion, the vote was called.Mr. Cimis moved to deny the request to allow a church use on property at 816 Dozier Avenue due to the adverse effect on surrounding neighborhood due to noise, absence of a buffer and the precarious need for parking agreement. Mr. Macready seconded the motion. The motion to deny passed unanimously. VARIANCE To allow an accessory structure in the side yard 1122 Geneva Street R-2 Zoning District (Single Family Residential) Patrick Briney, Petitioner Mr. Duke provided the staff report for the variance request to place a detached garage in the side yard on property at 1122 Geneva Street. He stated that the house is oriented at an angle on the lot. Patrick Briney, petitioner,presented the request for the garage in the side yard. He stated that there is no room on the rear of the property to place the garage. Ms. Schannep mentioned a letter received from Beth DeBusk, 1190 Beverly Avenue. (Made a part of the minutes). Vice-Chairman Miles opened the public hearing. There were none to speak. The public hearing was closed. Mr. Cimis stated that there is no hardship tied to the land. After no further comments, questions, or discussion, the vote was called. The BZA voted unanimously to deny the variance to allow an accessory structure in the side yard on property at 1122 Geneva Street. MISCELLANEOUS: Prattville Board of Zoning Adjustment September 9, 2014 Minutes Page 3 of 3 Mr. Cimis moved that a “Statement of Hardship” on the BZA application should be filled out for a complete application. Mrs. Schannep seconded the motion. The motion passed unanimously. Mr. Cimis moved to make a supplemental questionnaire sheet (as presented) for church use request as part of application completion. Mr. Macready seconded the motion. The motion passed unanimously. (Questionnaire made a part of the minutes). ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:42 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment