2112 December 14 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 December 14, 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. 211214-01 VARIANCE: To allow residential (duplex) use in a B-2 Zoning District
148 1st Street B-2 (General Business)
Nelson Vincent, Petitioner
Public Hearing District 1
Minutes: November 9, 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 1/11/22
Prattville Board of Zoning Adjustment December 14, 2021 Minutes Page 1 of 2
City of Prattville Board of Zoning Adjustment Minutes December 14, 2021 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Charles Knapp at 3:59 p.m. on Tuesday, December 14, 2021. ROLL CALL: The secretary called the roll. Members present were Chairman Charles Knapp, Vice Chairman Billy
Barrett, Mr. Greg Duke, and Ms. Sarah Johnson. Also present was supernumerary member Mr. Neal Parker. Mr. Crosby was absent.
Quorum Present Staff present were 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: There was no old business to discuss. NEW BUSINESS: VARIANCE To allow residential use in a B-2 Zoning District 148 1st Street B-2 (General Business) Nelson Vincent, Petitioner Mr. Williams introduced the variance request to allow residential use in a B-2 Zoning District for property located at 148 1st Street. He stated that the applicant is requesting to construct a residential structure (duplex) in a B-2 (General-Business) district. Suite A (1st floor) will be 1575 ft2 and Suite B (2nd floor) will be 2290 ft2 for a combined total of 3865 ft2 home. He stated that Suite A shall be a 2
bedroom 2 ½ bathroom apartment while Suite B will be a 3 bedroom 2 ½ bathrooms. The dwelling will have separate access for both dwelling units. Nelson Vincent, petitioner, presented his request for a duplex unit in a B-2 Zoning District at 148 1st Street. He stated that the dwelling will be used for residential with the potential of business/office use.
Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed.
Chairman Knapp opened the discussion for the Board. After their discussion, the vote was called. Mr. Parker moved to establish the findings of fact stating that 1) granting of a variance is in harmony with the intent and purposes of the zoning ordinance; 6) that a variance will not adversely affect the surrounding
property, the general neighborhood, or the community as a whole; and 3) the development of the proposed use is in the public interest. Ms. Johnson seconded the motion. The motion to approve the findings of fact passed unanimously.
Approved 1/11/22
Prattville Board of Zoning Adjustment December 14, 2021 Minutes Page 2 of 2
After no further discussion, the vote was called. Mr. Parker moved to approve the request based on the approved findings of fact contingent that the R-3 setback requirements are applied. Mr. Barrett seconded the motion. The motion to approve passed unanimously. MINUTES: Mr. Duke moved to approve the minutes of the November 9, 2021 regular meeting. Mr. Barrett seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:24 p.m. Respectfully submitted,
Alisa Morgan, Secretary Board of Zoning Adjustment
Page 1 of 2
Board of Zoning Adjustment
Staff Report
December 14, 2021
Nelson Vincent
Nelson Vincent
148 1st Street
To allow a residential structure (duplex) use in a B-2 zoning district
B-2 (General-Business)
148 1st Street
North: B-2 (General-Business)
Variance 211214-01
MEETING DATE:
PETITIONER:
PROPERTY OWNER:
SUBJECT SITE:
REQUEST:
CURRENT ZONING:
LOCATION:
SURROUNDING LAND
USES AND ZONING: South: B-2 (General-Business) East: B-2 (General-Business)
West: B-2 (General-Business)
DEVELOPMENT STATUS & HISTORY:
Previous Requests: None found
Conditions of Previous Approval: N/A
DESCRIPTION OF REQUEST:
1.Variance request to allow residential structure (duplex) use in a B-2 (General-Business) Zoning District
ZONING ORDINANCE REFERENCED
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 is 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.
Page 2 of 2
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 the 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 nonconforming 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 the said district;
9. The variance requested is the minimum adjustment necessary to enable the legal use of the land,
building, or structure.
ANALYSIS/EVALUATION:
The applicant is requesting to construct a residential structure (duplex) in a B-2 (General-Business) district. Suite A
(1st floor) will be 1575 sq. ft. and Suite B (2nd floor) will be 2290 sq. ft. for a combined total of 3865 sq. ft home. Suite A shall be a 2 bedroom 2 ½ bathroom apartment while Suite B will be a 3 bedroom 2 ½ bathrooms. The dwelling will have separate access for both dwelling units.
The applicant will be utilizing the City of Prattville Zoning Ordinance Article 3 (Board of Zoning Adjustment) Section 36 (Variances). The Planning Department is recommending if the variance is granted that the petitioner utilizes R-3 (single-family)
district requirements for setbacks, space, and height. This would be consistent with a Use-on-Appeal to construct a residential dwelling in a general business district.
MINIMUM YARD SIZE:
Front Yard: 25 feet;
Rear Yard: 30 feet;
Side Yard: 8 feet one side; 6 feet on the other side.
Minimum lot size: Area in Square Feet: Single-family dwellings: 7,500
Width at Building Line: Single dwellings 60 feet.
Maximum height: 35 feet 3 stories.
Maximum building area percent: 35%
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Zoning Map - 148 1st Street