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06 -June 11PLANNING & DEVELOPME NT DEPARTMENT 102 WEST MAIN STREET PRATTVILLE, ALABAMA 36067 334 -361 -3613 334 -361 -3677 FACSIMILE plan ning.prattvilleal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A June 11, 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: May 14, 2013 Old Business: 1.130514-01 USE-ON-APPEAL: To expand the church use for homeschool co-op. 301 Water Street R-3 Zoning District (Single Family Residential) The Noah Foundation/Pratt Court Baptist Church, Petitioner Held 5/14 District 1 New Business: 2.130611-01 VARIANCE: To replace an existing mobile home in M2 zone. 444 Danny Lyn Court M-2 Zoning District (General Industry) Douglas McNeal, Petitioner District 1 3.130611-02 USE-ON-APPEAL: To allow church use in B2 zone. 926 Selma Highway B-2 Zoning District (General Business) Season’s Church, Petitioner District 7 4.130611-03 VARIANCE: To encroach 5.5’ into the required 10’ side yard line. 1309 Adell Street R-2 Zoning District (Single Family Residential) Douglas L. Burkhart, Petitioner District 6 Miscellaneous: Adjourn: Approved 7/9/13 Prattville Board of Zoning Adjustment June 11, 2013 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment Minutes June 11, 2013 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 3:58 p.m. on Tuesday,June 11, 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: None OLD BUSINESS: USE-ON-APPEAL To expand the church use for homeschool co-op 301 Water Street R-3 Zoning District (Single Family Residential) The Noah Foundation/Pratt Court Baptist Church, Petitioner Mr. Duke introduced the use-on-appeal request to expand the church use for a homeschool co-op on property at 301 Water Street.He stated that the request was held from the May meeting because there was no representative from the Noah Foundation or the church present.He stated that the petitioner was requesting to expand the church use for homeschool co-op to use the educational space for approximately 45 home schooled students.He stated that the existing building is up to building code standard for the proposed use. Tina Halbert, petitioner representative, stated that she was the director of the school. She stated that the school was currently housed in Millbrook and would be relocating to this location. She stated that the school would operate four (4) days a week from 8:30 a.m. to 2:30 p.m. She stated that their elementary school was currently located behind Pri-Med in the Learning Place building and this would be their secondary location. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. In their findings the BZA found that there would be no adverse effect on the adjacent properties in the neighborhood and the building code requirements and parking requirements were met.Mr. Cimis moved to approve the request as submitted.Mrs. Schannep seconded the motion. The motion to approve passed unanimously. Approved 7/9/13 Prattville Board of Zoning Adjustment June 11, 2013 Minutes Page 2 of 3 NEW BUSINESS: VARIANCE To replace an existing mobile home in M-2 zone 444 Danny Lyn Court M-2 Zoning District (General Industry) Douglas McNeal, Petitioner Mr. Duke introduced the variance request to replace a mobile home in a M-2 Zoning District. He stated that the existing mobile home is a legal non-conforming use. He stated that the mobile homes in the area existed prior to the M-2 zoning of the property. He stated that the variance was necessary because residential of any nature other than that incidental to the industrial use, such as an onsite care taker,was not allowed in a M-2 zone. Mr. Cimis asked what the reasoning behind the property M-2 zone was and should the district be rezoned to residential. Mr. Duke stated that the property had been zoned as such since the 1987 City Comprehensive Zoning. He stated there were incomplete records of reasoning of zoning of the property. He stated that the easiest thing for the applicant long term would be to seek some type of residential zoning. Douglas McNeal, petitioner,stated that the mobile home would be occupied by his grandson. He stated that the existing mobile home had been there since 1960 and would be replaced with a new mobile home.He stated that water and septic sewer are already in place. Mr. Cimis asked the petitioner if he had considered rezoning the property. Mr. McNeal stated that he had not considered having the property rezoned because he had no intentions of making improvements to the property. He stated that he wanted to keep the mobile home as residential for family member’s use. Chairman Jamieson opened the public hearing.There were none to speak. The public hearing was closed. A letter of support was received from Natalie Thomas Snowden, 719 Lower Kingston Road. (Attached and made a part of the minutes). After no further comments, questions, or discussion, the vote was called. Mr.Miles moved to approve the variance to replace an existing mobile home in M-2 zone contingent that upon 10 years the variance expires and property become subject to current zoning.Mr. Cimis seconded the motion. The BZA voted 4/1 to approve the variance to replace an existing mobile home in M-2 zone contingent that upon 10 years the variance expires and property become subject to current zoning on property at 444 Danny Lyn Court.The votes as recorded:Favor: Mr. Miles, Mr. Cimis, Mr. Macready, and Chairman Jamieson. Oppose: Mrs. Schannep. USE-ON-APPEAL To allow church use in B-2 zone 926 Selma Highway B-2 Zoning District (General Business) Seasons Church,Petitioner Mr. Duke introduced the use-on-appeal request to allow church use in a B-2 zone commercial district. He stated that the entire building would be occupied by the church. Joey Fine, petitioner representative, stated that they had purchased the property at 926 Selma Highway and would be relocating the Seasons Church from its current location at the Fitness South building on Cobbs Ford Road. He stated that there are currently approximately 60-70 family members. He stated Approved 7/9/13 Prattville Board of Zoning Adjustment June 11, 2013 Minutes Page 3 of 3 that the property had adequate parking to accommodate the congregation’s size. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. In their findings the BZA found that there would be no adverse effect on the adjacent properties in the neighborhood and parking requirements and setback requirements for public use were met. Mr. Cimis moved to approve the request as submitted.Mr.Macready seconded the motion. The BZA voted unanimously to approve the variance to allow church use in B-2 zone on property at 926 Selma Highway. VARIANCE To encroach 5.5’ into the required 10’ side yard line. 1309 Adell Street R-2 Zoning District (Single Family Residential) Douglas L. Burkhart, Petitioner Mr. Duke introduced the variance request to encroach into the 10’ side yard line at 1309 Adell Street. Douglas Burkhart, petitioner, stated that he wanted to build a white aluminum covered carport over the existing driveway. He stated that the driveway currently encroached 5.5’ into the 10’ si de yard line. He stated that there were several carports in the area that were setup that way.He stated that all water runoff would be maintained on the property. Mr. Cimis stated that he had an ex parte conversation with the petitioner on the site when he viewed the location. Chairman Jamieson opened the public hearing. There were none to speak. The public hearing was closed. Mr. Burkhart stated that he spoke with his neighbor Mr. Hudman who was not in opposition to the request. He stated that his inability to place the carport on other areas of the property created a hardship for him. In their findings the BZA found that there was no uniqueness of lot layout compared to adjacent property and was a self-created hardship. The BZA voted 3/2 to deny the variance to encroach 5.5’ into the required 10’ side yard line on property at 1309 Adell Street.The votes as recorded:Oppose: Mr. Miles, Mr. Cimis, and Chairman Jamieson.Favor: Mrs. Schannep and Mr. Macready. MISCELLANEOUS: ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 5:01 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment