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2107 July 13 BZA102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov BILL GILLESPIE, JR. MAYOR J. SCOTT STEPHENS, AICPDIRECTOR CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A July 13, 2021 4:00pm Call to Order: Roll Call: Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson. Committee Reports: Old Business: 1. 210608-01 VARIANCE: Accessory Structure-Exceed the max size allowed and vary from the required material. 413 Lower Gainesville Road FAR (Forest, Agricultural, Recreation) William M. Pugh, Petitioner Held 6/8 District 1 New Business: None Minutes: June 8, 2021 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. Approved 8/10/21 Prattville Board of Zoning Adjustment July 13, 2021 Minutes Page 1 of 3 City of Prattville Board of Zoning Adjustment Minutes July 13, 2021 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Charles Knapp at 4:00 p.m. on Tuesday, July 13, 2021. ROLL CALL: Chairman Knapp called the roll. Members present: Chairman Charles Knapp, Vice Chairman Billy Barrett, and Mr. Greg Duke. Members absent: Mr. Jerry Crosby and Ms. Sarah Johnson. Also present were supernumerary members Mr. Neal Parker and Chief Michael Whaley. Quorum Present Staff present: Mr. Scott Stephens, City Planner; Mr. Darrell Rigsby, Senior Planner; Mr. Tommie Williams, Planner; and Ms. Alisa Morgan, Secretary. 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: VARIANCE Accessory Structure-Exceed the max size allowed and vary from the required material. 413 Lower Gainesville Road FAR (Forest, Agricultural, Recreation) William M. Pugh, Petitioner This item was tabled at the previous meeting (June 8) for accurate submission of the size being proposed. Mr. Rigsby provided the staff comments stating that the petitioner had presented a revised plan showing the proposed structure modified to 30’x50’. There was no modification to the material being proposed. William Pugh, petitioner, presented the request for a modified structure of 30’x50’ of steel. He presented documents to support that the structure would not decrease property values from the Autauga County Revenue Commissioners’ Office’s Appraisal Department, Marc Dendy and a letter from local realtor, Lynne Richardson. He also presented pictures showing the view of his backyard adjacent to the school. Mr. Parker asked if Mr. Pugh if he had inquired about the cost of siding to match the main dwelling. Mr. Pugh stated that he had not gotten any estimates on the cost of siding. Although the public hearing was heard at the June meeting, Chairman Knapp opened the floor for public comments. Dan Cowell representative for David & Robin Granik of 412 Lower Gainesville Road. He spoke in opposition to the request stating that the modified size of 30’x50’ is still greater than 50% of the main dwelling, material is still in violation of the Zoning Ordinance, and the majority of the neighborhood is opposed to the structure. He presented a copy of the letter from the McGee Ridge Homeowner’s Association (HOA) sent to Mr. Pugh disapproving the structure. (The letter is made part of the minutes). Chairman Knapp asked if the size modification still violates the city’s ordinance. Mr. Stephens stated Approved 8/10/21 Prattville Board of Zoning Adjustment July 13, 2021 Minutes Page 2 of 3 that according to the tax records of the total square footage of approximately 3004ft2, it does comply. David Dinger, President of the McGee Ridge Subdivision HOA and member of the Architecture Review Committee, spoke in opposition to the request. He stated that the letter submitted by Mr. Cowell is a detailed account of their disapproval of Mr. Pugh’s structure. Glenn Smith, 422 Lower Gainesville Road, Vice-President of the McGee Ridge Subdivision HOA and member of the Architecture Review Committee, spoke in opposition to the request. He stated that Mr. Pugh was turned down after they start reading the covenants. Chairman Knapp asked if the HOA discussed with Mr. Pugh what the HOA would like to see to help with his design. Mr. Smith stated that the HOA has not discussed with Mr. Pugh. Richard Minnigh, 105 Asbury Drive, President of the Burton Manor HOA, spoke in opposition to the request. Mr. Pugh addressed the board again stating that he didn’t received a written notice from the McGee Ridge HOA stating that his structure was denied approval until June 6, a few days prior to the meeting. Patricia Pugh stated that they have lived in the neighborhood since 2008 and since then more than one covenant has been broken. Also, letters of opposition were received from Jane Leatherwood, 420 Lower Gainesville Road; Ellen Davis Rogers, 2900 Cahaba Brook Lane, Birmingham, AL; and Gary Alexander, 406 Lower Gainesville Road. After no further comments, the public hearing was closed. Chairman Knapp opened discussion for the Board. Mr. Parker stated that the issue before the BZA is the proposed material and the effects it would have on the surrounding neighborhood. After their discussion, the vote was called. Chief Whaley moved to approve the findings of fact stating 1) that special conditions and circumstances do not exist which are peculiar to the land, structure, or building involved and which are applicable to other lands structures, or buildings in the same zoning district; 2) that the special conditions and circumstances do result from actions of the applicant (self-imposed hardship); 3) that granting of a variance is not in harmony with the intent and purposes of the zoning ordinance; and 4) that a variance will 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. Mr. Parker moved to approve the request based on the approved findings of fact. Mr. Duke seconded the motion. The motion to approve failed unanimously. NEW BUSINESS: There was no new business to discuss. MINUTES: Mr. Parker moved to approve the minutes of the May 11, 2021 regular meeting. Chief Whaley seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: Mr. Stephens discussed with the BZA changes to stop advertisement in the Prattville Progress because of their failure to meet the city’s requirements. He stated that that part of the process is not a state requirement. ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:59 p.m. Approved 8/10/21 Prattville Board of Zoning Adjustment July 13, 2021 Minutes Page 3 of 3 Respectfully submitted, Alisa Morgan, Secretary Board of Zoning Adjustment Page 1 of 4 Board of Zoning Adjustment Staff Report REVISED Variance 210608-01 MEETING DATE: July 13, 2021 PETITIONER: William M. Pugh PROPERTY OWNER: William M. Pugh SUBJECT SITE: 413 Lower Gainesville Road REQUEST: Variance – To vary from accessory structure requirements CURRENT ZONING: FAR (Forest, Agricultural, Recreation) LOCATION: 413 Lower Gainesville Road SURROUNDING LAND North: Single-Family Residential (FAR) USES AND ZONING: South: Private School – Autauga Academy (FAR) East: Forested / Vacant Property (FAR) West: Forested / Vacant Property (FAR) 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 4 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 4 ANAYLSIS/EVALUATION: Applicant is proposing to install/construct a 30’W x 50’L x 16’H (1500 sq ft) workshop/storage accessory structure in the rear yard along the southeast corner of property. Proposed accessory structure will have a brick front façade facing Lower Gainesville Road and the rear and sides will be vertical corrugated metal. Proposed 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 approximately 1.75 acres bordered on the east and west by large lots (~1.5+ac) currently forested. Parcel to the rear / south is Autauga Academy private school. Lot is mostly cleared, flat, manicured grass nearest to Lower Gainesville Road and mostly wooded at rear and side property lines. Proposed accessory structure will sit more than 150 feet the road and front property line. Front brick façade of the proposed structure will be 100% visible from Lower Gainesville Road, however, the metal clad rear and sides will likely not be visible under current conditions due to heavy tree coverage at rear and sides of property and the distance of the structure from the road. 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. 413 Lower Gainesville Road - Existing Page 4 of 4 413 Lower Gainesville Road Site Plan – Existing and Proposed Structures REVISED SITE PLAN 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:leatherwoodjane@charter.net To:Planning Cc:Williams, Tommie Subject:[EXTERNAL]Accessory Structure Permit - William M. Pugh Date:Monday, July 5, 2021 2:25:29 PM Attachments:Pugh Letter and Supporting Documents.pdfMiss Rogers" Letter.pdfPetition.pdf Good afternoon, Please find attached my letter and supporting documents requesting denial of the above-referenced request. The supporting documents are actual pages from the McGee Ridge Homeowners' Association Covenants. Although I have included only applicable pages, I canprovide the full document if necessary. I have also attached a note from another McGee Ridge property owner, Ms. Ellen Rogers, at her request. A copy of the original petition signed by over 70% of the McGee Ridge propertyowners is also attached. I regret that I am unable to attend the meeting. If anyone should have questions, please don't hesitate to call me at 334.224.2559. Thank you! Jane Leatherwood Major Gary A. Alexander (Ret.) 12 July 2021 406 Lower Gainesville Road Prattville, AL 36067 Home: (334) 358-4482; Cell: 334-799-7602 Snowdog90@gmail.com City of Prattville Board of Zoning Attn: Chairman Charles Knapp Planning & Development 102 West Main Street Prattville, AL 36067 Reference: 8 June 2021 public to hearing to discuss William M. Pugh’s petition for a variance to construct an accessory at 413 Lower Gainesville Road. This proposed structure exceeded both the maximum size allowed and varied from the required materials for accessary structures per local residential zoning requirements. Dear Chairman Knapp, I am writing you and the other members of the commission to again voice my opposition to Mr. Pugh’s proposed construction project. As I stated at the 8 June 2021 public hearing, this project still has not been approved by the MacGee Ridge Home Owners Association, and despite any variance your commission may approve, it still would violate our HOA covenant standards for accessory buildings. This included: siting (garage doors cannot directly face the road); and construction materials (our HOA does not allow metal buildings). Since the Zoning Commission does not have the authority to overrule our HOA decision, I again ask you to table Mr. Pugh’s request until any differences between the MacGee Ridge HOA and Mr. Pugh can be internally resolved or in civil court (a worst case scenario). If an agreement can be made between our HOA and Mr. Pugh, he could then come back before the commission to ask for the required variance. I am out of town 11-15 July; otherwise I would attend the follow-on discussion meeting in person. I can be reached at 334-799-7602 if you need anything more information. Thank you in advance for your time and consideration. Sincerely, Gary Alexander (signed) Major (Ret) Gary A. Alexander