BOARD OF ZONING ADJUSTMENT AGENDA

BOARD OF ZONING ADJUSTMENT AGENDA
Council Chambers, 141 North Ross Street
Wednesday, January 4, 2012 at 4:30 P.M., Regular Meeting
ROLL CALL
APPROVAL OF MINUTES
BZA Meeting – December 7, 2011
CHAIRMAN'S OPENING REMARKS
“Any persons aggrieved by any decision of the Board may within fifteen (15) days after such decision appeal to
the Circuit Court having jurisdiction according to Section 908.02 of the Zoning Ordinance of the City of Auburn,
Alabama”.
OLD BUSINESS
NEW BUSINESS
Variance to Section 605.01, Freestanding Signs, of the City of Auburn Zoning Ordinance
PL-2011-00924
Applicant:
Nelson Properties, LLC
General Location:
590 North Dean Road
Zoning District:
Comprehensive Development District (CDD)
Action Requested:
Variance to the required minimum front property line setback of 10 feet for a
freestanding sign in order to allow a sign to be placed on the front property line
OTHER BUSINESS
CHAIRMAN’S COMMUNICATION
ADJOURNMENT
BOARD OF ZONING ADJUSTMENT
December 7, 2011 - Regular Meeting
MINUTES
The Auburn Board of Zoning Adjustment (BZA) met in a regular session on December 7, 2011 at 4:30
p.m. in the City Council Chambers at the Public Safety Building.
PRESENT
Joan Penrod, Trey Rankin, J.R. Smith, Tom Vaughan, Jay Jennings
ALSO PRESENT
Forrest Cotten, Matt Mosley, Amber English
ABSENT
Robert Cochran, Sean Foote
APPROVAL OF MINUTES
Mr. Vaughan made a motion to approve the minutes of the August 3, 2011 meeting.
Mr. Jennings seconded the motion. The motion passed with a vote of 5-0.
T
CHAIRMAN'S COMMUNICATION
Mr. Rankin read the following statement for the record:
AF
"Any persons aggrieved by any decision of the Board may within fifteen (15) days after such decision
appeal to the Circuit Court having jurisdiction, according to Section 908.02 of the Zoning Ordinance of the
City of Auburn, Alabama.”
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“The Board consists of five regular members and two supernumeraries. The supernumeraries participate
in all discussions but only vote when necessary to assure four voting members and have a board
consisting of five members, when possible. All decisions are made with a roll call vote and a concurring
vote of four members is required to approve an application for a variance.”
All members in attendance would vote.
D
OLD BUSINESS
NEW BUSINESS
Variance to Section 507, Accessory Uses, of the City of Auburn Zoning Ordinance
PL-2011-00505
Mr. Cotten stated the request was for two variances to accessory structure requirements for property
located at 401 Airport Road in the Comprehensive Development District (CDD) zoning district. The
specific requests included:
•
•
a variance of 30 feet to the requirement that an accessory structure be placed no closer than 10
feet to the rear of the front building line in order to allow an accessory structure to encroach 20
feet in front of the principal structure
a variance of 45 percent to the requirement that the total area of all accessory structures on a
residential lot shall not exceed 50 percent of the floor area of the principal structure in order to
allow the total area of the accessory structures to be 95 percent of the principal structure
Mr. Cotten explained that the specific regulations were written to apply more towards accessory
structures in residential neighborhoods. In this case, the subject property was approximately 7.5 acres
and not similar to parcels in more conventional neighborhoods. Additionally, there were topographical
Page 2
Board of Zoning Adjustment Minutes
December 7, 2011
challenges with placing the proposed accessory structure elsewhere on the property. No correspondence
was received.
Rob Young represented the applicant. He reiterated the property had topographical challenges, and a
great deal of grading would be required to set the structure back further. He explained that as few trees
as possible would be cleared, and one would not be able to see the structure from either the road or the
principal residence.
Mr. Jennings asked if the City had any landscaping requirements for the accessory structure.
Mr. Cotten said the existing mature vegetation would obviate the need for any additional buffering.
Ms. Penrod asked if the building would be one story.
Mr. Young said yes.
Mr. Rankin asked what type of cladding the building would have.
Mr. Young said the building would be red iron.
Mr. Smith made a motion to approve Case PL-2011-00922, 401 Airport Road, a request for
a variance of 30 feet to the requirement that an accessory structure be placed no closer
than 10 feet to the rear of the front building line in order to allow an accessory structure to
encroach 20 feet in front of the principal structure.
AF
•
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Mr. Rankin opened the public hearing. After no comments were received, the public hearing was closed.
Mr. Jennings seconded the motion.
A vote was taken, and the motion passed with a vote of 5-0.
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Ms. Penrod made a motion to approve Case PL-2011-00922, 401 Airport Road, a request
for a variance of 45 percent to the requirement that the total area of all accessory
structures on a residential lot shall not exceed 50 percent of the floor area of the principal
structure in order to allow the total area of the accessory structures to be 95 percent of the
principal structure.
D
•
Mr. Vaughan seconded the motion.
A vote was taken, and the motion passed with a vote of 5-0.
OTHER BUSINESS
CHAIRMAN’S COMMUNICATION
STAFF COMMUNICATION
The meeting was adjourned at 4:44 p.m.
________________________________
Trey Rankin, Chairman
________________________________
J.R. Smith, Vice Chairman
BOARD OF ZONING ADJUSTMENT
CITY OF AUBURN
PL-2011-00922
APPLICANT:
L. Gene Young
REQUEST:
Variance to Section 507.03(G), Use Limitations, of the City of Auburn
Zoning Ordinance of 30 feet to the requirement that no accessory
structure shall be placed closer than 10 feet to the rear of the front
building line in order to allow an accessory structure to encroach 20 feet
in front of the principal structure
LOCATION:
401 Airport Road
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CASE NO:
ACTION OF BOARD
AF
BE IT RESOLVED by the Board of Zoning Adjustment of the City of Auburn, Alabama, that the
application from L. Gene Young requesting a variance to Section 507.03(G), Use Limitations, of
the City of Auburn Zoning Ordinance of 30 feet to the requirement that no accessory structure
shall be placed closer than 10 feet to the rear of the front building line in order to allow an
accessory structure to encroach 20 feet in front of the principal structure is APPROVED.
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I, Forrest E. Cotten, Director of Planning, of the City of Auburn, do hereby certify that the
above is a true and correct copy of a Resolution duly adopted by the Board of Zoning
Adjustment of the City of Auburn at its December 7, 2011 meeting, and as same appears on
record in the Official Minutes of said Board.
D
GIVEN UNDER MY HAND AND OFFICIAL SEAL of the Board of Zoning Adjustment of
the City of Auburn this the 20th day of December, 2011.
Forrest E. Cotten, AICP, Director of Planning
BOARD OF ZONING ADJUSTMENT
CITY OF AUBURN
PL-2011-00922
APPLICANT:
L. Gene Young
REQUEST:
Variance to Section 507.03(J), Use Limitations, of the City of Auburn
Zoning Ordinance of 45 percent to the requirement that the total area of
all accessory structures for a residential lot shall be no more than 50
percent of the floor area of the principal structure in order to allow the
total area of the accessory structures to be 95 percent of the principal
structure
LOCATION:
401 Airport Road
T
CASE NO:
ACTION OF BOARD
R
AF
BE IT RESOLVED by the Board of Zoning Adjustment of the City of Auburn, Alabama, that the
application from L. Gene Young requesting a variance to Section 507.03(J), Use Limitations, of
the City of Auburn Zoning Ordinance of 45 percent to the requirement that the total area of all
accessory structures for a residential lot shall be no more than 50 percent of the floor area of
the principal structure in order to allow the total area of the accessory structures to be 95
percent of the principal structure is APPROVED.
D
I, Forrest E. Cotten, Director of Planning, of the City of Auburn, do hereby certify that the
above is a true and correct copy of a Resolution duly adopted by the Board of Zoning
Adjustment of the City of Auburn at its December 7, 2011 meeting, and as same appears on
record in the Official Minutes of said Board.
GIVEN UNDER MY HAND AND OFFICIAL SEAL of the Board of Zoning Adjustment of
the City of Auburn this the 20th day of December, 2011.
Forrest E. Cotten, AICP, Director of Planning
City of Auburn Board of Zoning Adjustment
PL-2011-00924 ‘590 North Dean Road’
Review Date:
December 20, 2011
Property Owner(s):
Nelson Properties, LLC
Owner Address:
960 Pebble Court
Auburn, AL 36830
Authorized
Representative:
Request:
Zoning Ordinance
Requires:
Trey Ayers, Effective Signs Company
The request is for a variance to allow a freestanding
sign to be placed on the front property line requiring a
variance of ten (10) feet.
Section 605.01A, General Business Signs, requires a
minimum setback of ten (10) feet from any side lot
line and ten (10) feet from the front or any street
property line.
Location:
590 North Dean Road, Jewelry By Design
Review by:
Katie Robison, Zoning Enforcement Officer
Current Zoning:
Comprehensive Development District (CDD)
Surrounding
Zoning:
North: Comprehensive Development District (CDD)
Lark Associates, Inc – The Growing Room property
South: Commercial Conservation (CC) Dyas
Properties – Lynch Chevrolet/Cadillac property
East: Commercial Conservation (CC) and
Comprehensive Development District (CDD) Dyas
Properties – Lynch Chevrolet/Cadillac property
West: Comprehensive Development District (CDD)
Conner Charter, LLC – vacant property and
Breckenridge Group Auburn Alabama, LLC – Aspen
Heights multi-family residential property
Site Visit:
December 19, 2011
PL-2011-00924 ‘590 North Dean Road’
Page 2 of 5
Adjoining Property Owners Notified: Four (4)
Property Description: The property is located in the Central Park Subdivision,
10th Addition (Lot 42) along N. Dean Road, just north of Opelika Road. The
property is approximately 1.06 acres in size with a jewelry store and associated
parking.
Prior Action Related to this Site:
Date
Action
August 2005
The sign ordinance is amended. One of the amendments
requires all freestanding signs be setback at least 10 feet
from all property lines including the front/street property
line.
December 2006
Administrative site plan approval of a commercial retail
use
June 2007
The Certificate of Occupancy was issued for the
completion of the construction.
June 2007
A sign permit was issued for building signage only.
Freestanding signage was not requested at this time
Analysis:
The zoning ordinance requires that the applicant meet the following
requirements:
A. The granting of the variance shall be in harmony with the general
purpose and intent of the regulations imposed by this Ordinance on the
district in which it is located and shall not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
The applicant states that if this variance is granted then the sign will
in no way be injurious to the neighborhood or otherwise detrimental
to the public welfare.
Staff comment:
Article VI, Section 601 discusses the purpose and scope of the sign
ordinance and establishes regulations for the control of signage
within the City. The ordinance intends to:
• Support and promote the use of signs to aid the public in the
identification of businesses and other activities,
• Assist the public in its orientation within the City, to express the
history and character of the City,
• Promote the community’s ability to attract sources of economic
development and growth, and
• Serve other informational purposes.
PL-2011-00924 ‘590 North Dean Road’
Page 3 of 5
•
Protect the public from the confusion created by the
objectionable effects of advertising excesses, from the danger
of unsafe signs, and from the degradation of the aesthetic
qualities of the City.”
The proposal appears to be consistent with the intent of the sign
ordinance.
B. The granting of the variance will not permit the establishment of any
use, which is not permitted in the district.
The applicant states that this variance, if granted, is not to allow the
establishment of any use which is not permitted in the district.
Staff comment:
Freestanding signs are allowed in the zoning district in conjunction
with a development. The current language in Section 605.01.A
states:
Freestanding signs on any individual development site shall not
exceed 100 square feet in area for one sign or 130 square feet in
area for two (2) signs, unless specifically allowed or further limited
by this Section. The combined height of the base and sign shall not
exceed 16 feet in height. Freestanding signs are limited to one (1)
per parcel, unless otherwise allowed by this Section. Such signs
shall have a minimum setback of ten (10) feet from any side lot line
and ten (10) feet from the front or any street property line.
A conceptual drawing shows the sign being ten (10) feet in height
and 66.5 square feet in area.
C. There must be proof of unique circumstances: There must exist special
circumstances or conditions fully described in the findings, applicable
to the land or buildings for which the variance is sought, which
circumstances or conditions are peculiar to such land or buildings and
do not apply generally to land or buildings in the district, and which
circumstances or conditions are such that the strict application of the
provisions of this Ordinance would deprive the applicant of the
reasonable use of such land or buildings.
The applicant states that this variance request is being sought
because this particular situation is a special condition which is
unique to this particular problem and property.
PL-2011-00924 ‘590 North Dean Road’
Page 4 of 5
Staff comment:
Because this site was developed after the ten (10) foot front
setback requirement for freestanding signs became effective, any
freestanding sign would be required to meet this setback.
However, at the time of site plan approval, a freestanding sign was
not contemplated or noted on the site plan. The southern end of the
property has sufficient space to construct a freestanding sign and
meet the setback requirements, however, there is a change in
grade on that end of the property and in order for the sign to be
constructed on level ground, it would actually require moving the
sign further than ten (10) feet from the property line.
D. There must be proof of unnecessary hardship. It is not sufficient proof
of hardship to show that greater profit would result if the variance were
granted. Furthermore, the hardship complained of cannot be selfcreated; nor can it be established on the basis by one who purchases
with or without knowledge of the restrictions; it must result from the
application of this Ordinance; it must be suffered directly by the
property in question; and evidence of other variances granted under
similar circumstances shall not be considered.
The applicant states that the property in question has an
unnecessary hardship due to circumstances completely out of the
control of the subject property – the neighbor’s trees blocking
visibility from the south and the curvature of the road blocking
visibility from the north.
Staff comment:
Any hardship on this property would be associated with the
constraints mentioned in the previous section. Again, because the
site was not configured to accommodate a freestanding sign in an
optimal location, the only available space to locate the sign would
be further than ten (10) feet from the property line.
E. That the granting of the variance is necessary for the reasonable use
of the land or building and that the variance as granted by the Board of
Zoning Adjustment is the minimum variance that will accomplish this
purpose.
The applicant states that granting the variance of ten (10) feet
would be the minimum which would allow the needed visibility from
the road due to the curve in the road and the neighbor’s trees.
PL-2011-00924 ‘590 North Dean Road’
Page 5 of 5
Staff comment:
General business signage is a reasonable use for all commercial
uses. The sign could be constructed in a location to meet the
required setback. If the variance is granted, the sign would be
constructed within a drainage and utility easement. Water
Resource Management will require the execution of a hold
harmless agreement prior to the construction of the sign. The
Public Works department would also need to review the location of
the sign for any visibility issues.
F. That the proposed variance will not impair an adequate supply of light
and air to adjacent property, substantially increase congestion in
the public streets, increase the danger of fire, endanger the public
safety, or substantially diminish or impair property values within the
adjacent neighborhood.
The applicant states that the proposed variance will not impair
adequate supply of light and air or increase congestion, fire, or
diminish property values of neighbors.
Staff comment:
The variance will not impair the supply of light and air to adjacent
property substantially, nor will it increase the congestion in the
public streets, the danger of fire, or endanger the public safety.
Because all properties are allowed a freestanding sign in this area,
staff does not anticipate that a new sign will diminish property
values.
G. That the granting of the variance requested will not confer on the
applicant any special privilege that is denied by the Ordinance to other
lands, structures, or buildings in the same district.
The applicant states that all other lands, structures or buildings in
the same district have the same rights to apply for a variance of
similar situations if similar situations should exist.
Staff comment:
Variances are considered on a case-by-case basis and the granting
of a variance does not establish any precedent.
590 NORTH DEAN ROAD
BZA CASE #PL-2011-00924
DEKALB ST
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Note: The entire BZA packet can be found at
www.auburnalabama.org
There is a direct link on the home page.
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The applicant is requesting a variance to Section
605.01.A. General business signs are required to be
set back ten (10) feet from any side lot line and ten
(10) feet from the front or any street property line.
The variance request is to allow a freestanding sign
to be placed on the front property line, requiring a
variance of ten(10) feet.
PUBLIC HEARING NOTICE
THE BOARD OF ZONING ADJUSTMENT WILL MEET
WEDNESDAY, JANUARY 4, 2012 IN THE
COUNCIL CHAMBERS AT 141 N. ROSS ST. AT
4:30 P.M. PLEASE CALL THE CITY OF AUBURN
PLANNING DEPARTMENT AT (334) 501-3040 FOR
ADDITIONAL INFORMATION.
The City of Auburn, Alabama does not guarantee this map to be free from errors or inaccuracies. The City of
Auburn, Alabama disclaims any responsibility or liability for interpretations from this map or decisions based
thereon. This information contained on this map is a general representation only and is not be used without
verification by an independent professional qualified to verify such information.
,
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NEW 4 CRAT$ INLET
RIM == 714.00
INVERT OUT == 710.55' (24" PIPE)
INVERT IN-710.80' (24' PIPE)
THERE ARE NO EXISTING CURB CUTS
WITHIN 300' OF THE PROPOSED SITE.
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