2108 August 10 BZA
102 West Main Street \ Prattville, AL 36067 \ 334. 595.0500 \ prattvilleal.gov
BILL GILLESPIE, JR.
MAYOR
J. SCOTT STEPHENS, AICP DIRECTOR
CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A August 10, 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:
None
New Business: 1. 210810-01 USE-ON-APPEAL: Home Occupation-Lawn care business 237 Primrose Drive R-2 (Single Family Residential) Douglas Cowling, Petitioner
Public Hearing District 2
2. 210810-02 VARIANCE: Alteration-Room addition encroaching into the rear yard setback. 304 High Pointe Ridge R-2 (Single Family Residential) Kevin Beacom, Petitioner
Public Hearing District 4
3. 210810-03 VARIANCE:
Accessory Structure-Vary from the required material. 838 Heather Drive R-3 (Single Family Residential) Ricky Smith, Petitioner
Public Hearing
District 5
4. 210810-04 VARIANCE:
Parking Spaces-Reduce from the required 125 spaces to a proposed 93 spaces Setback Requirements-Reduce 50’ setback requirements North of Fairview Ave and west of Old Farm Lane B-4 (Highway Commercial) Jennifer Santelli, Petitioner
Public Hearing
District 3
Minutes:
July 13, 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 9/14/21
Prattville Board of Zoning Adjustment August 10, 2021 Minutes Page 1 of 3
City of Prattville Board of Zoning Adjustment Minutes August 10, 2021 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Vice-Chairman Billy Barrett at 4:10 p.m. on Tuesday, August 10, 2021. ROLL CALL: The secretary called the roll. Members present: Vice Chairman Billy Barrett, Mr. Jerry Crosby and Ms.
Sarah Johnson. Members absent: Chairman Charles Knapp and Mr. Greg Duke. 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. Vice-Chairman Barrett 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 Home Occupation-Lawn care business 237 Primrose Drive R-2 (Single Family Residential) Douglas Cowling, Petitioner Mr. Williams introduced the use-on-appeal request for a home occupation to allow a lawn care business on property located at 237 Primrose Drive.
Douglas Cowling, petitioner, presented the use-on-appeal request for a home occupation of a lawn care business. He stated that his equipment would be stored in the existing storage building in the fenced back yard. He stated that there are no plans to expand the business with additional employees. Vice-Chairman Barrett opened the floor for public comments. There were none. The public hearing was closed. Vice-Chairman Barrett 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. Crosby 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 based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed
unanimously.
Approved 9/14/21
Prattville Board of Zoning Adjustment August 10, 2021 Minutes Page 2 of 3
VARIANCE Alteration-Room addition encroaching into the rear yard setback. 304 High Pointe Ridge R-2 (Single Family Residential) Kevin Beacom, Petitioner Mr. Rigsby introduced the variance request for the addition encroaching into the rear yard setback on property located at 304 High Pointe Ridge. He stated that the existing patio cover is encroaching into the rear yard setback. The proposed addition will extend 15’ on each side of the current patio cover. He stated that the petitioner is requesting an 8’ encroachment.
Kevin Beacom, petitioner, presented the variance request for an encroachment into the rear yard setback on property located at 304 High Pointe Ridge. He stated that the existing patio cover was
installed during the same time that the pool was installed in 2011, but not by the same contractor. He stated that the patio cover will only extend on both sides and not the rear.
Vice-Chairman Barrett opened the floor for public comments. Gerald Nix, 501 Ambrose Lane, spoke in opposition to the request. He submitted a letter prior to the meeting detailing his objections. (Letter attached and made a part of the minutes). After no further comments, the public hearing was closed. Vice-Chairman Barrett opened discussion for the Board. After their discussion, the vote was called. Mr. Crosby moved to establish the findings of fact stating that 1) 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; and 2) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Ms. Johnson seconded the motion. The motion to approve passed by 4/1 vote as recorded. Favor: Mr. Crosby, Ms. Johnson, Chief Whaley, and Vice-Chairman Barrett. Oppose: Mr. Parker.
After no further discussion, the vote was called. Mr. Crosby moved to approve the request as submitted based on the approved findings of fact. Chief Whaley seconded the motion. The motion to
approve passed by 4/1 vote as recorded. Favor: Mr. Crosby, Ms. Johnson, Chief Whaley, and Vice-Chairman Barrett. Oppose: Mr. Parker.
VARIANCE Accessory Structure-Vary from the required material. 838 Heather Drive R-3 (Single Family Residential) Ricky Smith, Petitioner Mr. Williams introduced the variance request to allow an accessory structure to vary from the required material on property located at 838 Heather Drive. He stated that the proposed structure is a 24’x30’ metal building which violates Section 69.3(2)(e.) of the Zoning Ordinance that allows metal structure no larger than 200 square feet.
Ricky Smith, petitioner, presented the request for a 24’x30’ metal accessory structure for property located at 838 Heather Drive. He stated that a previous 10’x20’ structure was not large enough for his use. He stated that a metal building is maintenance free and lumber prices are extremely high for a
wood structure. He also stated that the structure would have four windows and a roll up door. Vice-Chairman Barrett opened the floor for public comments. Christine Stitt, 841 Heather Drive,
spoke in opposition to the request stating that the structure is too large for the lot and the large structure would affect resale value for properties in the neighborhood. After no further comments, the public hearing was closed.
Approved 9/14/21
Prattville Board of Zoning Adjustment August 10, 2021 Minutes Page 3 of 3
Vice-Chairman Barrett opened discussion for the Board. The Board discussed that the size of the building was not in violation, only the material. After their discussion, the vote was called. Chief Whaley 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 involved and which are not applicable to other lands structures, or buildings in the same zoning district; 2) that a literal interpretation of the zoning ordinance would not 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 result from actions of the applicant (self-imposed hardship); and 4) that granting of a variance is not in harmony with the intent and purposes of the zoning ordinance. Mr. Crosby seconded the motion. The motion to approve 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. Chief Whaley seconded the motion. The motion to approve failed by a unanimous vote.
VARIANCE Parking Spaces-Reduce from the required 125 spaces to a proposed 93 spaces Setback Requirements-Reduce 50’ setback requirements North of Fairview Ave and west of Old Farm Lane B-4 (Highway Commercial) Jennifer Santelli, Petitioner Mr. Stephens reported that the petitioner has requested to postpone the hearing of the variance request until the next meeting to allow them time to resubmit application with an additional request. MINUTES: Chief Whaley moved to approve the minutes of the July 13, 2021 regular meeting. Mr. Crosby seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS:
ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 5:13 p.m.
Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
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Board of Zoning Adjustment
Staff Report
Use On Appeal 210810-01
MEETING DATE: August 10, 2021
PETITIONER: Douglas Cowling
PROPERTY OWNER: Douglas Cowling
SUBJECT SITE: 237 Primrose Drive
REQUEST: To operate a home lawn care business
CURRENT ZONING: R-2 Residential
LOCATION: 237 Primrose Drive
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 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-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 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.”
The subject property is approximately 0.26 acres.
2. Subject property has a small storage shed on property.
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Board of Zoning Adjustment
Staff Report
Variance 210810-02
MEETING DATE: August 10, 2021
PETITIONER: Kevin Beacom
PROPERTY OWNER: Kevin & Bridget Beacom
SUBJECT SITE: 304 High Pointe Ridge
REQUEST: Sunroom encroachment to rear setback
CURRENT ZONING: R-2 (Single-Family Residential)
LOCATION: Shady Oaks Subdivision
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 VARIANCE REQUEST:
1. A variance has been requested for a patio cover that will encroach into the rear setback of 40ft.
2. The petitioner is requesting to build a partially enclosed rear patio cover that will encroach into the 40ft
setback by 8ft. Rear of building will be 32’ from the property line.
ZONING ORDINANCE REFERENCED:
The provisions of the Zoning Ordinance in which item 1 is requested is referenced in section described below:
Section 71. - Residential district requirements.
MINIMUM SETBACK:
Front Yard: 35 feet;
Rear Yard: 40 feet;
Side Yard: 10 feet
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
Page 2 of 2
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.
ANAYLSIS/EVALUATION:
Applicant is proposing to construct a partially enclosed, covered rear sunroom. Sunroom to be partially enclosed with
screen and an aluminum roof. Per the site plan, the sunroom is going to be attached to the dwelling, therefore it has to
meet the R-2 rear setback of 40ft. The material being utilized to construct the screened porch will be aluminum.
PLANNING STAFF EVALUATION:
Reviewed by: Tommie Williams, Planner
Applicant’s Hardship: A variance is requested for relief from the 40’ rear yard setback to allow the 8’ encroachment
thereby reducing the setback to 32’ due to the fact the current property lines surrounding this house
are very narrow in relation to the existing structures.
Recommendation: The board shall determine if a legitimate hardship is found with the placement of the proposed
sunroom. A distinctive topographic variation, unique lot layout, or something that results from
conditions that are unique to the property can hold standing as hardship. The hardship shall not be
self-created.
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Board of Zoning Adjustment
Staff Report
Variance 210810-03
MEETING DATE: August 10, 2021
PETITIONER: Ricky D. Smith
PROPERTY OWNER: Ricky D. Smith
SUBJECT SITE: 838 Heather Drive
REQUEST: Variance – To vary from accessory structure requirements (required material)
CURRENT ZONING: R-3 (Single-Family Residential)
LOCATION: 838 Heather Drive
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. 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 3
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 3
ANAYLSIS/EVALUATION:
The applicant is requesting to construct a 24 x 30 (720 sqft) accessory structure in the rear of the parcel. The zoning
ordinance states that exterior materials or cladding shall be similar to and complement that of the primary structure. The
primary structure is completely brick. Citizens are allowed to use utilize metal siding but no larger than 200 sq ft. The
applicant is requesting a material deviation than what is allowed in the zoning ordinance, he would like a 24x30 metal
accessory structure. Mr. Smith stated in submission packet that his hardships are 1. Wood storage building would be to
expensive because of high lumber prices & 2. Wood storage building would be more maintenance such as painting.
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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:Rigsby, Darrell
To:Morgan, Alisa
Cc:Stephens, Scott; Williams, Tommie; Redmond, Leslie
Subject:FW: [EXTERNAL]Chick-fil-A Variance 4.20810-04
Date:Monday, August 9, 2021 12:00:54 PM
Attachments:image001.pngimage002.pngimage003.pngimage004.png2108 August 10 BZA (Draft).pdf
Ms. Alisa,
See request below from Bridgette Ganter at Bowman (Chick-Fil-A consultant) to table BZA 210810-
04 to the September 14 BZA meeting.
Darrell D. Rigsby
Senior Planner
p: 334.595.0502
e: darrell.rigsby@prattvilleal.gov
From: Bridgette Ganter [mailto:bganter@bowman.com]
Sent: Monday, August 9, 2021 11:07 AM
To: Rigsby, Darrell <Darrell.Rigsby@prattvilleal.gov>
Cc: Jenn Santelli <jenn.santelli@cfacorp.com>
Subject: [EXTERNAL]Chick-fil-A Variance 4.20810-04
Darrell,
Thanks very much for discussing landscape buffer variances for the proposed Chick-fil-A at Fairview
Avenue and Old Farm Lane this morning. Since Chick-fil-A will be requesting a landscape variance, in
addition to the parking variance on the agenda for tomorrow’s (8/10) Board of Adjustment Meeting,
may we please hold the existing application and submit a revised application so that both variances
may be heard at the next meeting on September 14th?
We understand that the revised application must be submitted by 8/13.
Thanks very much,
BRIDGETTE GANTERBranch Manager | BOWMAN950 North Point Pkwy, Suite 200, Alpharetta, GA 30005O: (678) 606-5278 | C: (404) 386-4927
bganter@bowman.com | bowman.com