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2311 November 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 November 14, 2023 4:00pm The Pledge of Allegiance: Invocation: Roll Call: Chairman Charles Knapp, Vice-Chairman Billy Barrett, Jr., Mr. Jerry Crosby, Mr. Greg Duke, and Ms. Sarah Johnson. Call to Order: Character Trait of the Month: Gratefulness… Letting others know by my words and actions how they have benefited my life. Committee Reports: Old Business: None New Business: 1. 231114-01 VARIANCE: Vary from the setback requirements. 1252 Huie Street Cynthia Lockhart, Petitioner Public Hearing District 6 2. 231114-02 VARIANCE: Rear Yard Encroachment 1304 Upper Kingston Road Mike Zeigler, Petitioner Public Hearing District 2 Minutes: September 19, 2023 (Special Meeting) Miscellaneous: Adjourn: Approved 12/12/2023 Prattville Board of Zoning Adjustment November 14, 2023 Minutes Page 1 of 2 City of Prattville Board of Zoning Adjustment Minutes November 14, 2023 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) convened at 4:00 p.m. on Tuesday, November 14, 2023 in the Prattville City Hall Council Chambers. After the Pledge of Allegiance, invocation and reading the Character Trait, the meeting was called to order. ROLL CALL: Members present were Chairman Charles Knapp, Vice-Chairman Billy Barrett, Mr. Greg Duke, and Ms. Sarah Johnson. Mr. Jerry Crosby were absent. Also present was supernumerary member Mr. Neal Parker. Quorum Present Staff present were Mr. Scott Stephens, City Planner; Mr. Joshua McKinney, Planner; Ms. Bria Hudson, Planner; and Ms. Alisa Morgan, Secretary. CHARACTER TRAIT OF THE MONTH: The Character Trait of the Month is Alertness … Gratefulness… Letting others know by my words and actions how they have benefited my life. COMMITTEE REPORTS: There were no reports to be made. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: VARIANCE: Vary from the setback and height requirements. 1252 Huie Street Cynthia Lockhart, Petitioner Mr. McKinney introduced the variance request to allow a carport to vary from the minimum setbacks and 14’ in height on property located at 1252 Huie Street. The proposed 60’x22’ carport will encroach into the 5’ into the side yard. He stated that at the ordinance will allow the 14’ height over the minimum 12’ provided that the 10’ side yard requirements of the R-2 zoning district standards are met. The existing carport will be removed. Cynthia Lockhart, petitioner, along with James Lockhart presented the request to allow a carport to encroach into the side setbacks and 14’ in height on property located at 1252 Huie Street. She stated that the existing carport is 10’ from the side yard line and the proposed carport will be 3’ from the side yard on a slab. Mr. Parker inquired about the hardship which would warrant the variance request. He stated that it should not be self-imposed. Although sympathetic of the applicant’s disability and financial hardships they are not special conditions and circumstances pertaining to the property. There was discussion of reducing the required distance between the house and the proposed carport, which should give enough room for the side yard setback. Mr. Lockhart said that should work and agreed to it. Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed. Approved 12/12/2023 Prattville Board of Zoning Adjustment November 14, 2023 Minutes Page 2 of 2 Chairman Knapp opened the discussion for the Board. Mr. Knapp moved to establish the findings of fact stating that 1) granting of a modified variance is in harmony with the intent and purposes of the zoning ordinance. Mr. Barrett 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 as modified to vary from the required 10ft between the primary structure and the proposed structure based on the approved findings of fact. Ms. Johnson seconded the motion. The motion to approve passed unanimously. VARIANCE: Rear Yard Encroachment 1304 Upper Kingston Road Mike Zeigler, Petitioner Ms. Hudson introduced the variance request to allow a rear yard encroachment into the rear yard for a covered porch on property located at 1304 Upper Kingston Road. Mike Zeigler, petitioner, presented the request to allow a rear yard encroachment on property located at 1304 Upper Kingston Road. He stated that he wants to cover the existing porch. Chairman Knapp opened the floor for public comments. There were none. The public hearing was closed. Chairman Knapp opened the discussion for the Board. Ms. Johnson moved to establish the findings of fact stating that 1) the special conditions and circumstances do not result from actions of the applicant (self-imposed hardship); 2) granting of a variance is in harmony with the intent and purposes of the zoning ordinance; and 3) that a variance will not adversely affect the surrounding property, the general neighborhood, or the community as a whole. Mr. Duke seconded the motion. The motion to approve the findings of fact passed unanimously. After no further discussion, the vote was called. Mr. Barrett moved to approve the request based on the approved findings of fact. Mr. Duke seconded the motion. The motion to approve passed unanimously. MINUTES: Mr. Parker moved to approve the minutes of the September 19, 2023 regular meeting. Ms. Johnson seconded the motion. The motion to approve passed unanimously. MISCELLANEOUS: Mr. Stephens polled the members to see if there were any possible conflicts holding the meeting on its regular day with the approaching holiday. There were no issues among the members. ADJOURN: After no further comments, questions, or discussion the meeting was adjourned at 4:54 p.m. Respectfully submitted, Alisa Morgan, Secretary Board of Zoning Adjustment Page 1 of 3 Board of Zoning Adjustment Staff Report Variance 231114-01 MEETING DATE: November 14, 2023 PETITIONER: Cynthia A. Lockhart PROPERTY OWNER: Cynthia A. Lockhart SUBJECT ADDRESS: 1252 Huie Street REQUEST: Variance from setback and height requirements for carport CURRENT ZONING: R-2 (Single-Family) LOCATION: 1252 Huie Street SURROUNDING LAND North: R-2 (Single-Family) USES AND ZONING: South: R-2 (Single-Family) East: R-2 (Single-Family) West: R-2 (Single-Family) DEVELOPMENT STATUS & HISTORY: Previous Requests: N/A Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. The applicant requests a variance from Zoning Ordinance §4.01.02 (Area and Dimensional Requirements). The applicant is requesting a variance to allow a carport without minimum setbacks requirements APPLICANT’S HARDSHIP (FROM APPLICATION): “We now have to pay a storage fee each month due to inability to access with current carport” ZONING ORDINANCE REFERENCED: Page 2 of 3 §4.01.02 Area and Dimensional Requirements 1. All permitted uses must comply with the minimum lot size, area and width and minimum yard setbacks in Table 4-2, except that permitted nonresidential uses are subject to a maximum height of 50 feet and 2-1/2 stories. 2. Structures of nonresidential uses must be set back from side and rear lot lines in accordance with the buffer requirements in §10.02 Buffers. 3. A porch or structure or part thereof that is attached to the principal building is considered part of the principal building and is subject to the yard requirements of the applicable district. However, carports and porte-cocheres attached to the side of the principal structure may extend to within two feet of the side lot line provided: a. the structure is open on all sides other than that attached to the principal building; b. the structure is no taller than 12 feet and there is no enclosed space immediately above that may be used for storage or occupied in any way; c. the structure does not extend closer than eight feet to any part of a dwelling on an adjoining lot nor six feet to any part of a similar open structure on an adjoining lot and all applicable fire protection requirements of the Building Code are met; and d. if located within five feet of a side or rear lot line, stormwater may not be directed toward any adjoining property. The method and direction of stormwater §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. Page 3 of 3 §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. ANALYSIS: The applicant has stated that the proposed carport will be 14 ft in height and 60 ft in length. There will be 16 ft between the carport and the back fence and 5 ft between the side fence. The subject property is zoned R-2 which requires a 10ft side setback. Since the proposed carport will exceed the 12ft limit as allowed in §4.01.02, the carport will need to meet the regular side setback requirements of 10ft. The variance requested will be a 5ft encroachment into the side yard setback. Reviewed by: Joshua McKinney, Planner HUIE ST ADELL ST JULIA ST COOPER AVE W R I G H T S T PLUM ST POPLAR ST D O R A S T N E W T O N S T O D E L L S T SPENCER ST S N I C H O L S S T J U LIA CT GAIL ST W I L L I A M C T G I P S O N S T G I L L E S P I E S T NNICH O L S S T TILL ST KER L IN ST BUCKNER S T WINGARD ST POPLAR CTADELL PL Location Map ±0 600300 Feet Locations are approximate Project Area Prattville City Limits Autauga_Parcel_24 ADELL ST HUIE ST JULIA ST Aerial Map ±0 200100 Feet Locations are approximate Project Area Prattville City Limits Autauga_Parcel_24 ADELL ST HUIE ST JULIA ST Zoning Map ±0 200100 Feet Locations are approximate Project Area Prattville City Limits Autauga_Parcel_24 R-2 Page 1 of 3 Board of Zoning Adjustment Staff Report Variance 231114-02 MEETING DATE: November 14, 2023 PETITIONER: Mike Zeigler PROPERTY OWNER: Mike Zeigler SUBJECT ADDRESS: 1304 Upper Kingston Road REQUEST: Variance Request from setback requirements. CURRENT ZONING: R-2 (Single Family Residential District) LOCATION: Prattville SURROUNDING LAND North Unincorporated (Prattville High School) USES AND ZONING: South R-2 (Single Family Residential) East F.A.R (Forest, Agriculture, and Recreation) -Residential West: R-2 (Single Family Residential) DEVELOPMENT STATUS & HISTORY: Previous Requests: N/A Conditions of Previous Approval: N/A DESCRIPTION OF VARIANCE REQUEST: 1. The applicant requests a rear yard setback encroachment. APPLICANT’S HARDSHIP (FROM APPLICATION): See attachments to application Page 2 of 3 ZONING ORDINANCE REFERENCED §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 ANALYSIS: Rear setbacks for R-2 are 40 feet, however the applicant requests to encroach beyond the minimum. The proposed porch will encroach five feet into the required rear setback. Reviewed by: Bria Hudson, City Planner Page 3 of 3 UPPER KINGSTON RD PARKVIEW DR KINGSTON OAKS DR MOSES RD YORKSHIRE DR JAMESTO WN DR DORCHESTER DR CROSS CREEK RD DAWSONS MILL BLVD DAWSONS MILL WAY KENWOOD CT Location Map ±0 600300 Feet Locations are approximate Project Area Prattville City Limits Autauga_Parcel_24 UPPER KINGSTON RD KINGSTON OAKS DR DORCHESTER DR CANTERBURY CT Aerial Map ±0 200100 Feet Locations are approximate Project Area Prattville City Limits Autauga_Parcel_24 UPPER KINGSTON RD KINGSTON OAKS DR DORCHESTER DR JAMESTO WN DR YORKSHIRE DR CROSSCREEKRD CANTERBURY CT Zoning Map ±0 400200 Feet Locations are approximate Project Area Prattville City Limits Autauga_Parcel_24 F.A.R. P.U.D. R-2 R-5