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2010-October 13 BZA 1 0 2 W e s t M a i n S t r e e t \ P r a t t v i l l e , A L 3 6 0 6 7 \ 334. 5 9 5 . 0 5 0 0 \ p r a t t v i l l e a l . g o v BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICP DIRECTOR CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A October 13, 2020 4:00pm Call to Order: Roll Call: Chairman Jerry Crosby, Vice-Chairman Charles Knapp, Mr. Billy Barrett, Jr., Mr. Greg Duke, and Ms. Sarah Johnson. Committee Reports: Old Business: None New Business: 1. 201013-01 USE-ON-APPEAL: To operate a home lawn care business. 1976 Regent Road R-3 Zoning District (Single Family Residential) Tyler Lawrence, Petitioner District 4 Public Hearing 2. 201013-02 VARIANCE: To vary from the material required for accessory structures. 814 Selma Highway R-2 Zoning District (Single Family Residential) Mitch Devers, Petitioner District 7 Public Hearing 3. 201013-03 USE-ON-APPEAL: To operate a home cosmetology business. 102 Griffith Ave. R-2 Zoning District (Single Family Residential) Rhyan Greer Howe, Petitioner. District 3 Public Hearing Minutes: August 11, 2020 Miscellaneous: Adjourn: Approved 11/10/20 Prattville Board of Zoning Adjustment October 13, 2020 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment Minutes October 13, 2020 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice- Chairman Charles Knapp at 4:00 p.m. on Tuesday, October 13, 2020. ROLL CALL: Present: Vice Chairman Charles Knapp, Mr. Billy Barrett, Mr. Greg Duke, and Ms. Sarah Johnson. Absent: Chairman Jerry Crosby. Also present was Supernumerary Member, Mr. Neal Parker. Quorum Present Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie Williams, Planner; and Ms. Alisa Morgan, Secretary. Vice-Chairman Knapp stated the governing rules for the Prattville Board of Zoning Adjustment and the procedure of the meeting. COMMITTEE REPORTS: There were no reports to be made. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: USE-ON-APPEAL: To operate a home lawn care business. 1976 Regent Road R-3 Zoning District (Single Family Residential) Tyler Lawrence, Petitioner Mr. Stephens provided the staff report for the use-on-appeal request to operate a home lawn care business on property located 1976 Regent Road. Tyler Lawrence, petitioner, presented the request for a use-on-appeal to operate a home lawn care business at 1976 Regent Road. He stated that he currently has a lawn mower and a 6x14’ trailer and does not plan to add any new equipment. He stated that he plans to widen the gate to allow the trailer to store behind the existing fence. Vice-Chairman Knapp read comments in a letter received from adjacent property owner, Peggy Roberson-Rogers, 1954 Regent Road. Mr. Lawrence addressed those concerns that were presented. Vice-Chairman Knapp opened the floor for public comments. There being none to speak. The public hearing was closed. Vice-Chairman Crosby opened discussion for the Board. After their discussion, the vote was called. Mr. Barrett moved to establish the findings of fact stating that 1) the proposed home occupation is an allowable use-on-appeal, and is not a prohibited use in a R-3 district, 2) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Approved 11/10/20 Prattville Board of Zoning Adjustment October 13, 2020 Minutes Page 2 of 3 Parker seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Parker moved to approve the request as submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal request to operate a home lawn care business at 1976 Regent Road. VARIANCE To vary from the material required for accessory structures. 814 Selma Highway R-2 Zoning District (Single Family Residential) Mitch Devers, Petitioner Mr. Parker being a client of the petitioner asked to recuse himself from the case because of a potential conflict of interest. Darrell Rigsby provided the staff report for the variance for an accessory structure at 814 Selma Highway. He stated that the Zoning Ordinance requires that the exterior materials or cladding shall be similar to and complement that of the primary structure. An exception to this shall be the allowance of one metal sided structure no larger than 200 square feet located in a rear yard; but the proposed accessory structure will encroach on the required size for a metal clad building. He stated that the existing residence is not visible from Selma Highway and proposed structure will not be visible from Selma Highway due to the proposed location behind the residence. Mitch Devers, petitioner, presented his request for an accessory structure for property at 814 Selma Highway. He stated that the property is a five acre lot, surrounded by three other family/relatives in the area. He stated that the 40x50 metal structure will match the color of the main structure. He stated that there are large trees on the rear but no other buffer that would prevent the back of the building from being seen. He stated that there will be no other accessory structures on the property. Vice-Chairman Knapp opened the floor for public comments. There being none, the public hearing was closed. Vice-Chairman Crosby opened discussion for the Board. In their discussion, the Board found that the property location and lot size would not compromise the neighbors. After their discussion, the vote was called. Mr. Duke moved to establish the findings of fact stating that 1) special conditions and circumstances do not exist which are peculiar to the land, structure, or building; 2) that a literal interpretation of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning ordinance; 3) that the special conditions and circumstances do not result from actions of the applicant (self-imposed hardship); 4) that granting of a variance will not confer a special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district; 5) that granting of a variance is in harmony with the intent and purposes of the zoning ordinance; and 6) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Barrett seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Barrett moved to approve the request as submitted based on the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the variance request to vary from the material required for a 40x50 accessory structure at 814 Selma Highway. Mr. Parker resumed his seat after action taken on Selma Highway. Approved 11/10/20 Prattville Board of Zoning Adjustment October 13, 2020 Minutes Page 3 of 3 USE-ON-APPEAL To operate a home cosmetology business. 102 Griffith Ave. R-2 Zoning District (Single Family Residential) Rhyan Greer Howe, Petitioner. Mr. Stephens provided the staff report for a use-on-appeal to operate a home cosmetology business on property currently zoned as R-2, Single Family Residential, located at 102 Griffith Avenue. He stated that a letter was received from an adjacent property owner at 107 Griffith Avenue. Rhyan Greer Howe, petitioner, presented the request to operate a home cosmetology business located at 102 Griffith Avenue. She stated that the business is for installing eyelashes and would be located in a separate room that will allow one client at a t time. Parking would be restricted to the existing gravel area in the driveway. She stated that she would allow only six clients per day with no current plans to expand. Vice-Chairman Knapp opened the public hearing. There being none, the public hearing was closed. Vice-Chairman acknowledge the letter of opposition to the request received from Gerald and Beverly Venable, 107 Griffith Avenue. Vice-Chairman Knapp opened discussion for the Board. After their discussion, the vote was called. Mr. Parker moved to establish the findings of fact stating that 1) the proposed home occupation is an allowable use-on-appeal, and is not a prohibited use in a R-2 district; 2) development of the proposed use is in the public interest and meets the spirit of the City of Prattville Zoning Ordinance; and 3) the proposed use will not cause substantial adverse impact to adjacent or nearby properties or uses. Mr. Duke seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Barrett moved to approve the request based on the approved findings of fact. Mr. Parker seconded the motion. The motion to approve passed unanimously. The BZA voted to approve the use-on-appeal to operate a home cosmetology business on property located at 102 Griffith Avenue. MINUTES: Mr. Parker moved to approve the minutes of the August 11, 2020, regular meeting. Mr. Duke seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: Vice-Chairman Knapp welcomed the newest appointed member, Ms. Sarah Johnson, to the BZA. ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:54 p.m. Respectfully submitted, Alisa Morgan, Secretary Board of Zoning Adjustment This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are unsure if the email is safe, please forward it to help@prattvilleal.gov. From:Peggy Roberson-Rogers To:Morgan, Alisa Subject:[EXTERNAL]Public Hearing, Oct. 13, 2020-Lawn Care Business @ 1976 Regent Rd Date:Monday, October 12, 2020 11:53:47 AM As a 15-year Regent Rd. resident, I am opposed to any business conducted in a residential neighborhood. I have safety and property value concerns; specifically, my concerns are as follow: Equipment, cars and trucks parked on the street (in addition to other residents'cars) Equipment, cars and trucks parked blocking side walk Prevention of city workers, street cleaner, mail delivers, etc.access to homes and to do their jobs Possible decrease in property value in the area 19011210013010000Peggy Roberson-Rogers1954 Regent RdPrattville, AL 36066 "Don't worry about anything; instead, pray about everything. Tell God what you need, and thank him forall he has done." Philippians 4:6 NLT Page 1 of 2 Staff Report Board of Zoning Adjustment Use On Appeal 201013-01 MEETING DATE: October 13, 2020 PETITIONER: Tyler Lawrence PROPERTY OWNER: Tyler Lawrence SUBJECT SITE: 1976 Regent Road REQUEST: To operate a home lawn care business CURRENT ZONING: R-3 (Single-Family Residential) LOCATION: 1976 Regent Road SURROUNDING LAND North: Single-Family Residential (R-3) USES AND ZONING: South: Single-Family Residential (R-3) East: Single-Family Residential (R-3) West: Single-Family Residential (R-3) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. Use-on-appeal in order to operate a home occupation for lawn care service ZONING ORDINANCE REFERENCED: Section 69.1 addresses home occupations and states that home occupations are to be “limited in extent and clearly incidental and secondary to the use of the property for residential purposes.” ‘Tier 2 Home Occupations’ require use-on-appeal approval from the BZA, and lawn care is listed specifically as a Tier 2 use. ANAYLSIS/EVALUATION: Below is the staff assessment of the three general question applicable to uses-on-appeal: 1. Is the proposed use an allowable use-on-appeal, and not a prohibited use in an R-3 district? The requested use is an allowable through use-on-appeal. The proposed use is not a prohibited use in an R-3 district. 2. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of Prattville Zoning Ordinance? Page 2 of 2 The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. A lawn care business is specifically listed as a use permitted on appeal (§69.1) in the Zoning Ordinance. 3. Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses? The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in this R-3 district, if equipment is properly stored. The equipment that will be utilized will be stored in an enclosed trailer located behind the fence line. The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances of the city. The Board shall make written findings determining that the proposed use-on-appeal will not (§35): 1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed; 2. Permit the establishment of a use prohibited in the zoning district; or 3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the proposed use is located. The following are suggested questions, additional information, and/or conditions that may be considered: 1. Parking and equipment – where will vehicles and equipment (e.g. trailers) be parked? Section 69.1(2)(d) states “Any business-related materials or equipment, including trailers, must be kept inside the home or fully enclosed behind a fence. On lots larger than one acre, materials or equipment may be located in rear or side yards, at least fifty feet (50') from property line, without being enclosed.” Planning Department Recommendation: Approve REGENT RD±Legend Streets GB_7 Autauga Tax Parcels 0 12060 Feet Locations are approximate Aerial Map - 1976 Regent Raod MCQUEEN SMITH RD SREGENT RDLITTLE FARM RD DUNDEE DR BRIARWOOD STREGENT CTTURNBERRY CTCASTLEBROOK DRGLEN MEADOW CT LITTLE FARM PL±Legend AUTAUGA_ELMORE_LINE Streets GB_7 Autauga Tax Parcels 0 1,000500 Feet Locations are approximate Location Map - 1976 Regent Raod MCQUEEN SMITH RD SREGENT RDLITTLE FARM RD DUNDEE DR BRIARWOOD STREGENT CTTURNBERRY CTCASTLEBROOK DRGLEN MEADOW CT LITTLE FARM PLR-3 R-2 R-4 F.A.R. B-2 O-1 R-2 R-4 B-2B-2 R-5 ±Legend AUTAUGA_ELMORE_LINE Streets GB_7 Autauga Tax Parcels 0 1,000500 Feet Locations are approximate Zoning Map - 1976 Regent Raod Page 1 of 5 Board of Zoning Adjustment Staff Report Variance 201013-02 MEETING DATE: October 13, 2020 PETITIONER: Mitch Devers PROPERTY OWNER: Kenneth Mitch & Pamela Devers SUBJECT SITE: 814 Selma Highway REQUEST: Variance – To vary from accessory structure requirements CURRENT ZONING: R-2 (Single-Family Residential) LOCATION: 814 Selma Highway SURROUNDING LAND North: Single-Family Residential (R-2) USES AND ZONING: South: Single-Family Residential (R-2) East: Single-Family Residential (R-2) West: Single-Family Residential (R-2) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. Variance Request to: a. Allow metal sided accessory structure to be larger than 200 square feet (Section 69.3 (2) e.) ZONING ORDINANCE REFERENCED: Article 6 – General Provisions Section 69.3 – Accessory Structures. (2) Residential zones (not including multi-family zones). a. Accessory structures shall be located in back or side yards at least ten feet (10') behind the front building setback or the front plane of the primary structure, whichever is greater; b. Accessory structures shall be located at least ten feet (10') from the primary structure and five feet (5') from other accessory structures; c. The cumulative area of accessory structures on a parcel shall not exceed fifty percent (50%) of the gross floor area of the primary structure; d. Accessory structures shall not be located closer than five feet (5') to property lines; Page 2 of 5 e. Exterior materials or cladding shall be similar to and complement that of the primary structure. An exception to this shall be the allowance of one metal sided structure no larger than 200 square feet located in a rear yard; f. Accessory structures shall not be used as a dwelling unit; g. Residential zones with specific accessory structure requirements (e.g., R-5) for locations and setbacks shall be followed in those zones. Article 3. – Board of Zoning Adjustment Section 36. - Variances. a. The Board may authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. b. A variance may be granted in such individual cases upon a finding by the Board that an unnecessary hardship does, in fact, exist. In no case shall the Board grant a variance that permits the land, building or structure to be occupied by a use prohibited within the zoning district in which the land, building or structure is located. c. It is the intent of this ordinance that a variance be issued only to mitigate a physical condition of a parcel of land which poses a practical barrier to its development and use conformance with this ordinance. Variances shall be limited to the minimum adjustment necessary for the reasonable use of the land. d. Before any variance is granted, the Board shall make written findings certifying the existence of the following standards. 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands structures, or buildings in the same district. 2. That a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance. 3. That special conditions do not result from actions of the applicant (self-imposed hardship); 4. That granting of the variance will not confer any special privilege on the applicant that is denied by this ordinance to other lands, structures, or buildings in the same district; 5. That granting of the variance is in harmony with the intent and purposes of the ordinance; 6. That the variance will not adversely affect surrounding property, the general neighborhood, or the community as a whole; 7. That no non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts were considered as a basis for the issuance of a variance; 8. That the variance will not allow the establishment of a use not permissible under the terms of the ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the ordinance in said district; 9. The variance requested is the minimum adjustment necessary to enable the legal use of the land, building or structure. Page 3 of 5 ANAYLSIS/EVALUATION: Applicant is proposing to install/construct a 40’W x 50’L x 12’H (2000 sq ft) workshop/storage accessory structure in the rear yard along the northwestern corner of property. Proposed accessory structure will encroach on the required size for a metal clad building. The Zoning Ordinance requires that all accessory structures have exterior materials or cladding that is similar to and complements that of the primary structure. An exception to this shall be the allowance of one metal sided structure no larger than 200 square feet located in a rear yard. The subject lot is more than 5 acres with only a driveways width street frontage on Selma Road (flag lot). Lot is mostly wooded nearest to Selma Highway and at rear. Existing residence is not visible from Selma Highway and proposed structure will not be visible from Selma Highway due to the proposed location behind the residence. This request violates Section 69.3 (2) e. of the City of Prattville Zoning Ordinance and would need a variance in order for a permit to be issued. Page 4 of 5 814 Selma Highway - Existing Page 5 of 5 814 Selma Highway Site Plan – Existing and Proposed Structures SELMA HWY±Legend StreetsGB_7 Autauga Tax Parcels 0 300150 Feet Locations are approximate Aerial Map - 814 Selma Hwy SELMA HWYRICE STGRAY DR D O S T E R R DSTAKELY DRWASHINGTON FERRY RDLINDA LN CLUBVIEW DRJESSYES LNKINGSWOOD DR DALE DR MCBRIDE ST M A R L E T T E D R S U M M E R H I L L R D C Y P R E SS C R E EK W A Y FESTIVAL CT ±Legend Streets GB_7 Autauga Tax Parcels 0 1,000500 Feet Locations are approximate Location Map - 814 Selma Hwy SELMA HWYRICE STGRAY DR D O S T E R R DSTAKELY DRWASHINGTON FERRY RDLINDA LN CLUBVIEW DRJESSYES LNKINGSWOOD DR DALE DR MCBRIDE ST M A R L E T T E D R S U M M E R H I L L R D C Y P R E SS C R E EK W A Y FESTIVAL CT R-2 B-1 T-1 F.A.R. R-5 R-3 R-3 ±Legend Streets GB_7 Autauga Tax Parcels 0 1,000500 Feet Locations are approximate Zoning Map - 814 Selma Hwy From:Gerald Venable To:Chambers, John Cc:Morgan, Alisa Subject:Request for Cosmetology business at 102 Griffith Ave. Date:Tuesday, October 6, 2020 1:31:18 PM CAUTION: This email originated from outside of the organization. Do not click links or openattachments unless you recognize the sender and know the content is safe. My wife and I live at 107 Griffith Ave. We strongly oppose allowing the use of the property at 102 Griffith Ave to be used for any type of business. Thank you, Gerald Venable & Beverly Venable Page 1 of 2 Staff Report Board of Zoning Adjustment Use On Appeal 201013-03 MEETING DATE: October 13, 2020 PETITIONER: Rhyan Greer Howe PROPERTY OWNER: Bryce C. Howe SUBJECT SITE: 102 Griffith Ave. REQUEST: To operate a home cosmetology business CURRENT ZONING: R-2 (Single-Family Residential) LOCATION: 102 Griffith Ave. SURROUNDING LAND North: Single-Family Residential (R-2) USES AND ZONING: South: Single-Family Residential (R-2) East: Single-Family Residential (R-2) West: Single-Family Residential (R-2) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. Use on appeal in order to operate a home cosmetology business. ZONING ORDINANCE REFERENCED: Section 69.1 addresses home occupations and states that home occupations are to be “limited in extent and clearly incidental and secondary to the use of the property for residential purposes.” ‘Tier 2 Home Occupations’ require use-on-appeal approval from the BZA, and lawn care is listed specifically as a Tier 2 use. ANAYLSIS/EVALUATION: Below is the staff assessment of the three general question applicable to uses-on-appeal: 1. Is the proposed use an allowable use-on-appeal, and not a prohibited use in an R-2 district? The requested use is an allowable use-on-appeal. The proposed use is not a prohibited use in an R-2 district. 2. Is proposed use in the public interest? Does the proposed development meet the spirit of the City of Prattville Zoning Ordinance? Page 2 of 2 The proposed use will not be contrary to the public interest and will be in the spirit of the zoning ordinance. A lawn care business is specifically listed as a use permitted on appeal (§69.1) in the Zoning Ordinance. 3. Does the proposed use cause substantial adverse impact to adjacent or nearby properties or uses? The proposed use should not cause a substantial adverse impact on property or improvements in the vicinity or in this R-2 district, if equipment is properly stored. The petitioner should be aware that no more than two clients may be on the premises at any time, and no more than ten clients visiting the home on any day. The hours of operation will be Monday 1pm -6pm, Friday and Sunday 9:00am – 3:15pm The Board shall review the application for compliance with this ordinance and all other applicable codes and ordinances of the city. The Board shall make written findings determining that the proposed use-on-appeal will not (§35): 1. Be contrary to the public interest and will insure that the spirit of this ordinance is observed; 2. Permit the establishment of a use prohibited in the zoning district; or 3. Cause a substantial adverse impact on property or improvements in the vicinity or in the district in which the proposed use is located. The following are suggested questions, additional information, and/or conditions that may be considered: 1. Parking and equipment – where will vehicles and equipment (e.g. trailers) be parked? Section 69.1(2)(d) states “Any business-related materials or equipment, including trailers, must be kept inside the home or fully enclosed behind a fence. On lots larger than one acre, materials or equipment may be located in rear or side yards, at least fifty feet (50') from property line, without being enclosed.” Planning Department Recommendation: Approve GRIFFITH AVE LIVINGSTON AVE±Legend Streets GB_7 Autauga Tax Parcels 0 10050 Feet Locations are approximate Aerial Map - 102 Griffith Ave WOODVALE RDN MEMORIAL DRCE DA R DR EDGEWOOD AVE GRIFFITH AVE SKIDMORE AVE SHADOW LNLIVINGSTON AVEWALKER STHICKORY LNBROOKWOOD DR AZALEA DR LIVINGSTON CIRGREENSPRINGS DR CHERRY DR ±Legend Streets GB_7 Autauga Tax Parcels 0 1,000500 Feet Locations are approximate Location Map - 102 Griffith Ave WOODVALE RDN MEMORIAL DRCE DA R DR EDGEWOOD AVE GRIFFITH AVE SKIDMORE AVE SHADOW LNLIVINGSTON AVEWALKER STHICKORY LNBROOKWOOD DR AZALEA DR LIVINGSTON CIRGREENSPRINGS DR CHERRY DR R-2 R-2 R-2 R-3 R-3 R-2±Legend Streets GB_7 Autauga Tax Parcels 0 1,000500 Feet Locations are approximate Zoning Map - 102 Griffith Ave