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04 - April 09PLANNING & DEVELOPME NT DEPARTMENT 102 WEST MAIN STREET PRATTVILLE, ALABAMA 36067 334 -361 -3613 334 -361 -3677 FACSIMILE planning.prattvill eal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A April 9, 2013 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson,Vice-Chairman Jerry Schannep,Mr. Jerry Cimis, Mr. Mac Macready,and Mr. James Miles. Alternate Member: Commander Michael Whaley. Minutes: March 12, 2013 Old Business: None New Business: 1.130409-01 VARIANCE: To allow an accessory structure greater than 50% of the main dwelling. Vacant lot behind 724 Elizabeth Street R-3 Zoning District (Single Family Residential) Don Whittington, Petitioner District 1 Miscellaneous: Work Session Adjourn: Approved 5/14/13 Prattville Board of Zoning Adjustment April 9, 2013 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment Minutes April 9, 2013 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,April 9, 2013. ROLL CALL: Present:Chairman Leo Jamieson,Vice-Chairman Mrs. Jerry Schannep,Mr. Gerald Cimis, Mr. Mac Macready, and Mr. James Miles. Absent:None. 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. MINUTES: Mrs.Schannep moved to approve the minutes of the March 12, 2013 meeting. Mr. Macready seconded the motion. The motion passed unanimously. OLD BUSINESS: None NEW BUSINESS: VARIANCE: To allow an accessory structure greater than 50% of the main dwelling. Vacant lot behind 724 Elizabeth Street R-3 Zoning District (Single Family Residential) Don Whittington, Petitioner Mr. Duke introduced the variance request to allow an accessory structure on property.He stated that the proposed structure would be located on property behind 724 Elizabeth Street.He stated that the Zoning Ordinance requires that the total area of all structures can be no more than 50% of the main dwelling.He stated that the accessory structure would be the only structure located on the lot which also would violate the Zoning Ordinance. He stated that the petitioner proposed to replat that portion of property to join with 724 Elizabeth Street. Don Whittington,petitioner, presented the variance request to allow an accessory structure on property. He provided a copy of the proposed replat to be submitted to the Planning Commission. He stated that the proposed structure would be used for a garage and storage. He explained that the proposed use listed on his application as farm/timber was referenced as is recorded in the Autauga County Judge of Probate Office.He presented pictures of his and surrounding property to the board. He stated that that the size of the proposed structure (1680 ft2) would not impede the view of adjacent property owners. Mr. Miles asked the petitioner about the hardship as it related to his property. Mr. Whittington replied that he owned the house he currently resides in on Upper Kingston Road and was trying to sell it and Approved 5/14/13 Prattville Board of Zoning Adjustment April 9, 2013 Minutes Page 2 of 2 owned the house he would be moving into on Elizabeth Street. He stated that he could not afford both houses and the house on Elizabeth Street was much smaller and closer to his mother-in-law whom he would be helping with her health care. Chairman Jamieson opened the meeting for any public comments. Andrew Odom represented his parents who own property at 802 Durden Road. He spoke in favor of the request. Carla Hines, 804 Durden Road, wanted to know if the proposed structure would be used for a business. Chairman Jamieson called a five minute recess at 4:58 p.m. The meeting was called back to order at 5:03 p.m. with all members present. Mr. Miles asked if there was a representative from the adjacent church. Mr. Frank Lee stated that he was a member of the church and also the father-in-law to Mr. Whittington. He stated that the church had a membership of approximately 60 people. Chairman Jamieson offered for anyone else to speak at the hearing. There were no other public comments therefore; Chairman Jamieson closed the public hearing. Mr. Whittington addressed a public comment regarding operating a business and stated that he had no intent of operating a business at the proposed location. In their discussion, the BZA’s findings were that there was no uniqueness of the property to warrant a hardship, the move to Elizabeth Street was a matter of convenience and finance was not a bona fide reason for a hardship; the hardship was self-created. After no further comments, questions, or discussion, the vote was called.The BZA voted 4/1 to deny the variance request to allow an accessory structure greater than 50% of the main dwelling on property at vacant lot behind 724 Elizabeth Street.The votes are as recorded. Oppose: Chairman Jamieson, Mrs. Schannep, Mr. Cimis, and Mr. Miles.Favor: Mr. Macready. MISCELLANEOUS: The Commission discussed holding a work session on Tuesday, April 23, 2013 at 4:00 at the City Hall Annex Conference Room. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:23 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report DATE: 3/28/13 APPLICATION TYPE: Variance (130409-01) PROPERTY LOCATION or DESCRIPTION: Vacant lot behind 724 Elizabeth Street PETITIONER(S) AND AGENT(S): Don Whittington ZONING DISTRICT(S) R-3 Zoning District (Single Family Residential) REQUESTED ACTION: To allow an accessory structure greater than 50% of the main dwelling. ZONING ORDINANCE REFERENCE: Article 7. District Requirements. Appendix A-Zoning Ordinance Section 74 R District Requirements Accessory structures: Minimum Yard Size Rear Yard - 5’ Side Yard – 5’ Appendix A 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.