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Variance_App_202203 Page 1 of 2 Board of Zoning Adjustment Variance_App_202203.docx Variance Application – Board of Zoning Adjustment (BZA) City of Prattville, Planning & Development Department 102 W Main Street Prattville, AL 36067 (334) 595-0500 / planning@prattvilleal.gov Location of Subject Property: _________________________________________________________________________________________ Name of Applicant(s): ______________________________________________________ Phone: __________________________________ Address: ____________________________________________________________ Email: _______________________________________ Name of Owner(s): ________________________________________________________ Phone: __________________________________ Address: ____________________________________________________________ Email: _______________________________________ The applicant will be the point of contact for all communication with city staff Current Zoning: ________ Total Acreage: __________ Current Use of Property: ________________________________________________ Review the Prattville Zoning Ordinance, specifically Article 12 Any variance granted shall be the minimum adjustment necessary to enable the legal use of the land, building, or structure. The Board may prescribe any safeguard that it deems necessary to secure substantially the spirit of the zoning ordinance or provisions to which the variance applies. There must be proof of unnecessary hardship. The hardship complained of cannot be self-created. 1. What are the extraordinary and exceptional conditions pertaining to the particular piece of property in question (size, shape, or topography)? 2. How would the application of the Zoning Ordinance of the City of Prattville to this particular piece of property create an unnecessary hardship? 3. What conditions are peculiar to this particular piece of property? (attach extra pages as needed to answer questions) “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.” (Code of Alabama § 11-52-81) All items must be marked as included or understood: *The deadline to apply for the next meeting is: _______ / _______ / ______ _____ Proof of Ownership *The date of the next available meeting is: _______ / _______ / _______ _____ Designation of Agent Form (mark N/A if not applicable) _____ Accurate, scaled site plan showing all necessary information, including property lines, existing & proposed structures, dimensions, and any additional information that would be helpful to the BZA in making a decision _____ Fee _____ I agree to allow the City to place a sign or signs on this property notifying the public of this request _____ Applicant must attend meeting _____ I have read the guidelines referenced in article 12 section 12.04 in the City of Prattville Zoning Ordinance I have read the above statements and warrant in good faith that I understand and will comply, and that the information submitted is true and correct. I acknowledge that it is my responsibility to supply competent and credible evidence to inform the BZA of the nature and degree of the hardship and the variance sought, and to demonstrate that the use of the property will not substantially impair the intent and purpose of the Zoning Ordinance. Applicant Signature: ________________________________________________________ Date: ______ / ______ / _________ STATE OF ALABAMA COUNTY OF _____________________________ I, _________________________________________________, a Notary Public in and for said State at Large, hereby certify that _________________________________________________________________, whose name is signed to the foregoing document, and ______ Who is known to me, or ______ Whose identity I proved on the basis of ___________________________________________________________ and that being informed of the contents of the document, he/she, as such officer and with full authority, executed the same voluntarily on the day the same bears date. Given under my hand and official seal this the _________ day of _______________________________, 20______. _____________________________________________, Notary Public My Commission Expires: __________________________ Page 2 of 2 Board of Zoning Adjustment Variance_App_202203.docx §12.04 Variances §12.04.01 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 is observed and substantial justice done. §12.04.02 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 may the Board grant a variance that permits the land or structure to be occupied by a use prohibited in the applicable zoning district. §12.04.03 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 as otherwise permitted by this Ordinance. Variances are limited to the minimum adjustment necessary to enable the reasonable use of the land. §12.04.04 The Board uses the following guidelines in evaluating variance requests: 1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are generally not applicable to other lands structures, or buildings in the same district. 2. 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. The special conditions, for which relief is sought, did not result from actions of the applicant (self-imposed hardship); 4. Granting of the variance is in harmony with the intent and purposes of the ordinance; 5. The variance will not adversely affect surrounding property, the general neighborhood, or the community as a whole; 6. The variance will not allow the establishment of any use expressly or by implication prohibited in the applicable district; 7. The variance requested is the minimum adjustment necessary to enable the legal use of the land or structure.