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2011-November 10 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 November 10, 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. 201110-01 VARIANCE: To vary from the required number of parking spaces. Intersection of Cobbs Ford Road and Sugar Exchange B-2 Zoning District (General Business) Neal Tjon-A-Joe, Petitioner District 5 Public Hearing Minutes: October 13, 2020 Miscellaneous: Adjourn: Alabama Code Section 11-52-81 Board of adjustment - Appeals to circuit court from final decision of board of adjustment. Any party aggrieved by any final judgment or decision of such board of zoning adjustment may within 15 days thereafter appeal therefrom to the circuit court by filing with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of such appeal such board shall cause a transcript of the proceedings in the action to be certified to the court to which the appeal is taken, and the action in such court shall be tried de novo. Page 1 of 5 Board of Zoning Adjustment Staff Report Variance 201110-01 MEETING DATE: November 10, 2020 PETITIONER: Neal Tjon-A-Joe PROPERTY OWNER: DHS Holding 1 Inc., Dorothy H. Sanford SUBJECT SITE: SW Corner of Cobbs Ford Road and Sugar Exchange REQUEST: Variance – To reduce the number of parking stalls required by Ordinance CURRENT ZONING: B-2 General Business LOCATION: SW Intersection of Cobbs Ford Road and Sugar Exchange SURROUNDING LAND North: General Business (B-2) USES AND ZONING: South: Shopping Center (B-2) East: Restaurant (B-2) West: Place of Assembly (R-4) DEVELOPEMNT STATUS & HISTORY: Previous Requests: None found Conditions of Previous Approval: N/A DESCRIPTION OF REQUEST: 1. Variance Request to: a. Reduce the number of parking stalls from 93 required by Ordinance to 50 parking stalls (Art. 11; Section 1 – Business Parking Requirements) ZONING ORDINANCE REFERENCED: Article 11 – Parking Requirements Section 1. Parking Required Article 11, City of Prattville Parking Requirements Restaurants, Bars or similar places for the consumption of food and/or drink on the premises One space per fifty (50) square feet of floor area or one space per forty (40) square feet of gross floor area for fast food restaurants or one space per twenty-five (25) square feet of gross floor area for drive-in restaurants. Page 2 of 5 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. STATEMENT OF HARDSHIP FROM APPLICANT: “A strict application of the zoning ordinance would require a parking ratio of 1 space / 40 square feet. At 3,745 square feet, this would result in 93 required parking spaces. This requirement far exceeds the parking demand typically seen by this nationwide tenant, which already exceeds minimum parking counts typically required by other municipalities / AHJ’s. The tenant can operate with approximately 35 spaces, and this development is proposing 50 in an attempt to closer meet the ordinance.” Page 3 of 5 ANAYLSIS/EVALUATION: A freestanding restaurant is being proposed on an undeveloped 1.9 acre lot at the southwest corner of Cobbs Ford Road and Sugar Exchange. The proposed restaurant will be located in a B-2 Zoning District that does permit this use by right. Within the applicant’s submittal, the proposed restaurant building will have a gross floor area of 3,745 sq. ft., thus requiring 93 parking stalls as referenced in Article 11, Parking Requirements. The applicant is seeking relief from this parking requirement by a reduction of 43 parking stalls with an overall proposal of 50 stalls. This request violates Article 11: Section 1 of the City of Prattville Zoning Ordinance and would need a variance in order for a permit to be issued. Planning Staff Recommendation: Approval Page 4 of 5 SW Corner of Cobbs Ford Road and Sugar Exchange - Existing Page 5 of 5 Cobbs Ford and Sugar Exchange Site Plan – Proposed Structure and Parking COBBS FORD RD THE EXCHANGETHE EXCHANGE NSUGAR EXCHANGE ±0 200100 Feet Locations are approximate Aerial Map - Cobbs Ford Rd & Sugar Exchange COBBS FORD RD HWY 82 BYP ELEGENDS DRTHE EXCHANGE NHOME PARK TRLOLD FARM LN SCOTTON EXCGSUGAR EXCHANGECOBBS FORD LNLEGENDS PKWYCOFFEE EXCGVISTA POINT BLVD ZELDA PL VICTORIA PLTHE EXCHANGE±0 500250 Feet Locations are approximate Location Map - Cobbs Ford Rd & Sugar Exchange COBBS FORD RDTHE EXCHANGE NTHE EXCHANGESUGAR EXCHANGEB-2 B-2 R-4 B-2 B-2 F.A.R. P.U.D. B-2 F.A.R. B-2 B-2 ±0 200100 Feet Locations are approximate Zoning Map - Cobbs Ford Rd & Sugar Exchange