Municipal Board of Zoning Appeals

Agenda Gallatin Municipal Board of Zoning Appeals Thursday, July 27,2017 Municipal Board of ZoningAppeals - 5:30 p.m. DR. J. DEOTHA MALONE COUNCIL CHAMBERS CITY HALL a Call to Order a Invocation Pledge of Allegiance Roll Call o Approve Prior Minutes: June 2712017 Gallatin Municipal Board of ZoningAppeals 1. GMBZA RESOLUTION NO. 2OI7.O8 B-4651-17 MURPHY, RICK & LINDA _ VARIANCE GREENLID DESIGN, LLC PUBLIC HEARING THE OWNER AND APPLICANT REQUEST A VARTANCE OF 8.5 FEET TO PERMIT AN EXISTING HOUSE TO BE 11.5 FEET FROM THE V/EST SIDE LOT LINE AND A VARIANCE OF 10.4 FEET TO PERMIT A PROPOSED ADDITION TO THE SOUTHEAST CORNER OF THE EXISTING HOUSE TO BE 9.6 FEET FROM THE EAST SIDE LOT LINE. SECTION 06.03.020.C. OF THE GALLATIN ZONTNG ORDTNANCE REQUIRES A TWENTY (20) FOOT WIDE SIDE YARD SETBACK. THE 0.43 ACRE LOT rS ZONED R40- LOW DENSITY RESIDENTIAL AND IS LOCATED AT 940 LAKESHORE DRIVE, TAX MAP PARCEL I36DIAIOO8.OO, OF THE LEELAND HEIGHTS SUBDIVISION. 2. OTHER BUSINESS 3. MOVE TO ADJOURN  .'ONrcNAL MINUTES OF THE GALIATN - MUNICIPAL BOARD OF ZONING APPEALS MEETING June 29,2017 Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning John Puryear, Vice Chair Robert Kalisz, Assistant Director of Planning Homer Vaughn, Secretary Marianne Mudrak, Board Secretary Jeannie Gregory Absent Others Present None Applicants The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, June 29,2017 at 5:30 p.m., in the Dr. J. Deotha Malone Council Chambers of Gallatin City Hall. Mr. Jimmy Moore, Chai4 called the meeting to order. A copy of the meeting agenda is attached to these minutes as Exhibit A. Chair Moore led the opening prayer and Mr. Puryear led the pledge of allegiance. Ms. Mudrak called roll Approve Prior Minutes Chair Moore presented the minutes of the ApÅL27,2017 Municipal Board of Zoning Appeals regular meeting for approval. Mr. Vaughn motioned to approve the minutes as presented. Ms. Gregory seconded the motion and the motion passed by unanimous vote. 1. GMBZA Resolution No. 2017-07 ß-4331-1î - Gallatin Fire Station #5 - Conditional Use Permit - 4Site. Inc. - Public Hearing - The owner and applicant request aporoval of a Conditional Use Permit for Gallatin Fire Station#5- a utilitv and vehicular faci lity, per section 06.03.020.C of the Gallatin Zoning Ordinance. on two (2) lots. totaling 1.85 (+/-l acres. zoned R-40 Low Density Residential. located at the northwest corner of Nichols Lane and Clear Lake Meadows Boulevard. Mr. Robert Kalisz, Assistant Director of Planning, said the concept of Fire Station #5 began at the same time Fire Station #4 was built in the Station Camp area, due to the rapid development of the Nichols Lane area. It is expected that the fire station will have a low impact on the surrounding properties and will not increase traffic. Four fire employees and two emergency employees would staff each of three (3) shifts. The most of employees at one time will be during the shift change. Three (3) driveways are proposed; one (l) on Nichols Lane and two (2) on Clear Lake Meadows Boulevard. The landscaped median on Clear Meadows Boulevard will be removed. The road will be paved and hash marks will be painted on the road to allow fire trucks to clear the turn. A l2-foot wide, Type 10 bufferyard will be installed along Clear Lake Meadows Boulevard. A Type 15 buffer is required on the south side of the property. The other two (2) boundaries (west and north) do not require a bufferyard; however, screening will be installed. The building Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 June29,2077 materials will be 100 percent brick in two different colors, similar to Fire Station #4. Suffrcient parking is proposed. Mr. Kalisz said Staff recommends approval of Resolution20IT-07 withthe conditions listed inthe staff report. He added that some of the neighbors have expressed concern about sirens sounding late in the night. Mr. Don Collins, with 4Site, Inc. and Mr. Blake Roberts, with Cassetty Architecture, representing the applicant, said they agree with all conditions of approval. Chief Victor V/illiams, with the Gallatin Fire Department, said the need for the new fire station is critical due to the rapid growth of this area. He added emergency response times will be greatly reduced. In response to the concerns about sirens noise in the middle of the night, Chief Williams said Federal Regulations allow silencing the sirens and horns in the middle of the night until the fire trucks reach a heavy traffic area. Mr. Puryear asked about the anticipated amount of calls per week in this area. Assistant Chief of Operations Tommy Dale said currently 70 to 80 calls are received from this area monthly. Chair Moore asked if a fire truck must respond to emergency calls. Chief Williams said a fire truck responds with any emergency calls. He added that the fire risk has gone down and the majority of the calls are now EMS calls. Chair Moore asked if firefighters are trained as emergency medical technicians. Chief Williams said firefighters are trained as emergency first responders. The City has decided that all firefighters will now be trained as emergency medical technicians. In the future, all firefighters will be trained as paramedics. Mr. Puryear reminded Mr. Collins that the median proposed to be removed was irrigated when constructed. Chair Moore opened the public hearing. Ms. Kim Alexander said she lives across the street from the proposed fire station, next to the nursery. She asked if the amount of calls would be reduced with construction of the new fire station. Chief Williams said he anticipates the calls will increase due to new development in the area. Ms. Alexander expressed concerned about property value. Chair Moore said he believes that property values will increase because of the proximity of the fire station. Mr. Kalisz said the property values of the Stone Creek Subdivision have not decreased because of the construction of Fire Station #4. Ms. Alexander said she is concerned about increased traffic on Nichols Lane. Chair Moore said with the improvements on SR109, the traffrc should decrease on Nichols Lane. Ms. Alexander asked if there is any plan to widen Nichols Lane. Mr. William McCord, Director of Planning, said there is no plan to widen Nichols Lane atthis time. The current plan is to align Nichols Lane at SRl09 with Driver's Lane and signalize the intersection. Gallatin Municipal Board of ZoningAppeals Meeting Minutes J June29,2077 No one else came forward to speak; therefore, Chair Moore closed public hearing. Mr. Puryear asked about future greenway plans. Mr. Kalisz said the greenway easement is in the back of this property in the Clear Lake Meadows Subdivision, Phase l, Section 7. Ms. Gregory motioned to approve Resolution2}lT-}7 with the following conditions: 1. The Conditional Use Permit shall be consistent with the eighteen sheet plan prepared by 4Site, Inc. of Huntsville, AL. and Cassetty Architecture of Hendersonville, TN., with project number 2416, dated i|;4ay 22,2017 2. Provide a reference to Clear Lake Meadows Section 7, Phase 1 Subdivision as recorded in Plat Book 25 and page 300 in the project information. 3. Provide a reference to Tax Map 135G, Group B, Parcels 012.00 and 013.00 in the project information and owner of record. 4. Provide the property owner, record book and page, tax map, group and parcel number and zoning for surrounding properties. 5. Provide a parking table indicating the parking required and parking provided. 6. Clarifu the bio-retention pond native planting list and plant schedule on sheets C13.0 (Rain Garden Media) and Ll.0. 7. Provide a copy of the TDEC NOC prior to the issuance of any building permits. 8. Provide a copy of the recorded Stormwater Maintenance Agreement prior to the issuance of any building permits. 9. Submit a site plan application for review and approval to the Gallatin Planning Department meeting all applicable regulations of the Gallatin Zoning Ordinance. 10. Add a plan note stating: The use of the subject property shall be limited to a Utility and Vehicular facility for Gallatin Fire Station #5 and accessory uses only associated with the Utility and Vehicular facility or other uses permitted in the R-40 Low Density Residential zoned district. I 1. Submit three (3) corrected and folded copies of the Conditional Use Permit plans to the Planning Department for review and approval prior to the submittal of a site plan application Mr. Puryear seconded the motion and the motion passed by unanimous vote. 2. Other Business There was no other business to discuss. 3. Adjourn There being no further business to discuss, Chair Moore adjourned the meeting at 5:59 p.m. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 4 June29,2017 Respectfu lly submitted : Marianne Mudrak, Board Secretary Approve Jimmy Moore, Chair Homer Vaughn, Secretary  Agenda Gallatin Municipal Board of Zoning Appeals Thursday, June 29,2017 Municipal Board of Zoning Appeals - 5:30 p.m. DR. J. DEOTHA MALONE COUNCIL CHAMBERS CITY HALL Call to Order a Invocation a Pledge of Allegiance a Roll Call a Approve Prior Minutes: April 27r2017 Gallatin Municipal Board of Zoning Appeals REGULAR AGENDA I GMBZA RESOLUTION NO. 2017.07 B-4331-17 GALLATIN FIRE STATION #5; CONDITIONAL USE PERMIT 4SITE,INC. PUBLIC HEARING THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR GALLATIN FIRE STATION #5, A UTILITY AND VEHICULAR FACILITY, pER SECTION 06.03.020.C OF THE GALLATIN ZONING ORDINANCE, ON TV/O (2) LOTS, TOTALING 1.85 (+l-) ACRES, ZONED R-40 LOW DENSITY RESIDENTIAL, LOCATED AT THE NORTHWEST CORNER OF NICHOLS LANE AND CLEAR LAKE MEADOWS BOULEVARD. 2 OTHER BUSINESS 3 MOVE TO ADJOURN ,$Ëjffi#'#'J  I $Ér.n GMBZA Resolution No. 2017-08 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A VARIANCEF OF 8.5 FEET TO PERMIT AN EXISTING HOUSE TO BE 11.5 FEET FROM THE \ryEST SIDE LOT LINE AND A VARIANCE OF 10.4 FEET TO PERMIT A PROPOSED ADDITION TO THE SOUTHEAST CORNER OF THE EXISTING HOUSE TO BE 9.6 FEET FROM THE EAST SIDE LOT LINE. SECTION 06.03.020. C. OF THE GALLATIN ZONING ORDINANCE REQUIRES A T\ilENTY (20) FOOT WIDE SIDE YARD SETBACK. THE 0.43 ACRE LOT IS ZONED R4O-LOW DENSITY RBSIDENTIAL AND IS LOCATED AT 940 LAKESHORE DRTVE, TAX MAP PARCEL 136D/A/008.00, OF THE LEELAND HEIGHTS SUBDIVTSTON (MBZA FrLE# B-4651-17) WHEREAS, THE CITY OF GALLATINO TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for a variance of 8.5 feet to permit an existing house to be I 1.5 feet from the west side lot line and a variance of 10.4 feet to permit a proposed addition to the southeast corner of the existing house to be 9.6 feet from the east side lot line. Section 06.03.020. C. Of the Gallatin Zoning Ordinance requires a twenty (20) foot wide side yard setback. The 0.43 ac.l.e lot is zoned R4O-Low Density Residential and is located at940 Lakeshore Drive, Tax Map Parcel 136D1N008.00, of the Leeland Heights Subdivision (MBZA File# 8-4651-17) at its regular meeting on July 27,2017; and \üHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS reviewed the application materials and supporting documentation submitted by the applicant, the analysis, findings and recommendations presented by City Staff and in the Municipal Board of Zoning Appeals Staff Report, and evidence and testimony presented during the meeting; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS is required in its deliberations, pursuant to the Gallatin Zoning Ordinance to indicate the specific requirement under which the variance is being considered and state specific findings and specifically identify the hardships warranting such action by the Board; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS makes the following findings pursuant to T.C.A. Section I3-7-206; Section I3-7-207(3); and Section 15.05.030 of the Gallatin Zoning Ordinance: Section 1. The request for a variance of 8.5 feet (west side) from the required 20 foot side yard and 10.4 feet to permit a proposed addition to the southeast comer of the existing house, per the City of Gallatin Zoning Ordinance, Section 06.030.020.C., Tax Map Parcel 136D1N008.00. at 940 Lakeshore Drive,  $Erü A. The particular physical surroundings, shape, topographic conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Ordinance were carried out; B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district; C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance; D. Financial returns is not be considered the basis for granting the variance; E. The alleged difficulty or hardship was not created by any person having an interest in the property after the effective date of this Ordinance; F. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district; G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; H. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located; and I. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area. Section 2. Action - The Gallatin Municipal Board of Zoning Appeals hereby approves a variance of 8.5 feet (west side) from the required 20 foot side yard and 10.4 feet to permit a proposed addition to the southeast corner of the existing house, per the City of Gallatin Zoning Ordinance, Section 06.030.020.C., Tax Map Parcel 136D1N008.00. at 940 Lakeshore Drive, with the following conditions: 1. Apply for and obtain a variance for Bulk Regulations to permit a Maximum Lot Coverage exceeding 15% and a Maximum Floor Ratio exceeding .15. BE IT FURTHER RESOLVED BY THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS that this resolution shall take effect from and after its final passage, the public welfare requiring such. IT IS SO ORDERED PRESENT AND VOTING AYE  ITEM I NAY: DATED: 0712712017 Jimmy Moore, Chair Homer Vaughn, Secretary APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLANNING DEPARTMENT STAFF REPORT 940 Lakeshore Drive - Variance Request-B-4651-17 Located on Lakeshore Driveo South of Nashville Pike Date: July 27,2017 REQUEST: THE OWNER AND APPLICANT REQUEST A VARIANCE OF 8.5 FEET TO PERMIT AN EXISTING HOUSE TO BE 1I.5 FEET FROM THE WEST SIDE LOT LINE AND A VARIANCE OF 10.4 FEET TO PERMIT A PROPOSED ADDITION TO THE SOUTHEAST CORNER OF THE EXISTING HOUSE TO BE 9.6 FEET FROM THE EAST SIDE LOT LINE. SECTION 06.03.020. C. OF THE GALLATIN ZONING ORDINANCE REQUIRES A TWENTY (20) FOOT \ilIDE SrDE YARD SETBACK. THE 0.43 ACRE LOT IS ZONED R4O-LOW DENSITY RESIDENTIAL AND IS LOCATED AT 940 LAKESHORE DRIVE, TAX MAP PARCEL 136D/A/OO8.OO, OF THE LEELAND HEIGHTS SUBDIVISION (MBZA FrLE# B-46s1-17) OWNER: RICK AND LINDA MURPHY APPLICANT: ANDY LEATH, GREENLID DESIGN,LLC STAFF RECOMMENDATION: GMBZA RESOLUTION NO. 2OI7-08 STAFF CONTACT: SHARON BURTON NIBZA MEETING DATE: JULY 27,2017 PROPERTY OVERWEII/: The owner and applicant request a variance of 8.5 feet to permit an existing house to be 11.5 feet from the west side lot line and a variance of 10.4 feet to permit a proposed addition to the southeast corner of the existing house to be 9.6 feet from the east side lot line. Section 06.03.020. C. of the Gallatin Zoning Ordinance requires a twenty (20) foot wide side yard setback. The 0.43 acre lot is zoned R40-Low Density Residential and is located at 940 Lakeshore Drive, Tax Map Parcel 136D/A/008.00, of the Leeland Heights Subdivision. Dwelling One-Family Detached is a permitted use in the R40 zone district. (Attachment 1-1 and Attachment 1-2) Reøuested Varíance The owner and applicant requests several variances from the Zoning Ordinance requirements to construct an addition to a residence located on a pre-existing nonconforming lot at 940 Lakeshore Drive in the Leeland Heights Subdivision. The owner is proposing to construct a24' x22' addition which would increase the nonconformity condition of the property. The applicant initially inquired about this property in early June,2017 and was informed by staff that the existing structure appeared to be nonconforming and that nonconformity did not necessarily constitute grounds for a variance. The current owners executed a deed of trust on June 15, 2017. The application for a variance was received by the Planning Department on June 26,2017 . 940 Lakeshore Drive - Vøriance (8-4651-17) July 27, 2017 CASE BACKGROUND: Property Hístory and Previous Approvals On April 8, 1954, the Leeland Heights Subdivision plat, consisting of 12lots on the west side of Lake Shore Drive, was recorded by the Sumner County Registrar. In 1956, a2,053 square foot residence was constructed on Lot #5, which is 940 Lakeshore Drive The east side of Lakeshore Drive has much larger lots than those on the west side. The lots on the east side are part of Leeland Heights #2. Many of the houses on the east side were constructed in the 1960s. Zoning Maps prepared by the State of Tennessee, at least as far back as 1979, show this area zoned R40 - Low Density Residential. Most of the lot sizes east of the Old Hickory Lake inlet in this area conform to the R40 minimum lot area requirement. Those on the west side of Lakeshore Drive, along the lake shore do not. However, all buildings/structures must meet the restrictions of the zone in which they are located. The R40-Low Density Residential zone district has the following Bulk Regulations: "06.03.030 BulkRegulations The bulk regulations appearing below apply to buildings or other structures located on any zone lot or portion of a zone lot, including all new developments, enlargements or conversions; provided, however, that all barns, sheds, silos, or other buildings used exclusively for agricultural purposes shall be exempt from these regulations. A. Maximum Lot Coverage Permitted - the maximum zone lot coverage for all structures, including accessory structures, shall not exceed fifteen (15) percent of the total lot area. B. Maximum Floor Area Ratio - the maximum floor area ratio shall be .15 No specific variance was requested for exceeding the Maximum Lot Coverage or Maximum Floor Area Ratio. These conditions were not included in the advertisement sent to the newspaper. The Table I on page 6 describes the compliance or lack of compliance with these bulk regulations. The existing house now exceeds the maximum permitted bulk regulations for the lot. The maximum permitted lot coverage in the R40 zone district is l5Yo of the lot while the existing house covers 18.91% of the lot. With the addition,2l.TVo of the lot will be covered by buildings. The Maximum Floor Area Ratio is matched since the building is one-story. 06.03.40.1 Area and Yard Requirements A. General Provisions - General provisions applicable to all residential districts concerning visibility at intersections, permitted obstructions in required yards, obstructions prohibited at street intersection, adjustments for lot area remainder, exceptions to these provisions and other regulations are contained in Articles 12.00 and 13.00 of this Ordinance. 2 940 Lakeshore Drive - Vøriance (8-4651-17) July 27, 2017 B. Minimum Required Lot Area - the minimum required lot area shall be 40,000 square feet. C. Basic Provisions - The basic yard regulations appearing below apply to all zone lots located within R40 Districts, except as provided in Section 12.12. Greater yard and building setbacks may be required when the R40 zoned properties are located adjacent to a separate zoning district to comply with bufferyard requirements of Article, 13, Section 13.03. Front Yards - a minimum of fifty (50) feet. Side Yards - a minimum of twenty (20) feet. Rear Yards - a minimum of thirty (30) feet. Setbacks from roadways scheduled for widening shall meet the setback from the projected future right-oÊway line as identified in the Comprehensive Plan. D. Minimum Lot Width- the minimum lot width at the building line shall be one-hundred- twenty (120) feet." According to the recorded plat, and the Zoning Maps, most of the lots on the west side of Lakeshore Drive do not meet the Lot Area Requirements, nor do they meet the Minimum Lot V/idth requirement, and many of the structures do not appear to meet the side yard setback requirements (20'). (Attachments 1-3 and Attachment 1-4) This may be due to the fact that they were built prior to the zoningbeing adopted. Upon establishment of zoning, many of the lots and structures became nonconforming. The applicant bought the residence at940 Lakeshore Drive as a pre-existing nonconforming structure. The Variance provisions of the Gallatin Zoning Ordinance that apply to this case are listed below. 15.05 Zoning Variances The Board of Zoning Appeals may grant variances where it makes fîndings of fact based upon the standards prescribed in this section. 15.05.030 Standards for Variances Section 15.05.030 of the Gallatin Zoning Ordinance states the Board of Zoning Appeals shall not grant a variance unless it makes findings based upon evidence presented to it as described in nine (9) specific criteria that are listed below. The applicant responded to these standards in writing (Attachment 1-5). The Board shall determine if this variance request meets all nine (9) of the following standards for a variance as required by the Gallatin Zoning Ordinance as described below. The applicant states that the variance request for the encroachment into the required 20 foot rear yard setback for the proposed addition complies with the nine (9) standards for a variance as follows. The proposed addition to the the primary structure would encroach into the required side yard. 3 940 Lakeshore Drive - Variance (8-4651-17) July 27, 2017 A. The particular physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Ordinance were carried out must be stated. o The nonconforming size of the parcel and the setbacks required by the adopted zoning are limiting features of this property and contribute to the difficulties of constructing a larger residence to meet the desire of the owners. The lot has a buildable area with a depth of approximately 188 feet (at its centerline) and a width of approximately 100 feet. When subtracting yard areas, there is a buildable area of 108 feet in length and 80 feet in width buildable footprint. While this is not the smallest lot in the subdivision, its proportions do contribute to the lot's challenges. Any additions would need to be to the front or rear of the property. B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district. o This variance request is subject to this property only. Most of the other properties on the west side of Lakeshore Drive would also need to ask for a variance is they wanted to enlarge their the building footprint of their residences. No other properties would be entitled to a variance if the Board agreed to grant this variance. C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance. o This variance will not authorize any use or activity that is currently not permitted in the R-40 zoning district. D. Financial returns only shall not be considered as a basis for granting a variance. o If granted, the variance would permit the property owner to construct a 528 square foot addition to the residence. This could or could not increase the homes' value. E. The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of this Ordinance. o The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of the Ordinance. The applicant recently purchased the property knowing that it was nonconforming for the zoning district. F. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. o If granted, this variance would confer on the owner a special privilege that is currently denied by the Gallatin Zoning Ordinance to any other property or building within this zone district without also obtaining a variance. Other residents could construct similar additions to homes but would also find it difficult to meet the R40 regulations and likely may to request variances. Perhaps a better choice would be for the City to review the zoning on the properties in the neighborhood and consider changes to prevent a series of future variance requests. G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. o According to the applicant's site plan, the requested variance is the minimum variance necessary for the size and location the property owner desires. However, the applicant could 4 940 Lakeshore Drive - Variance (8-4651-17) July 27, 2A17 construct the addition within the code required setbacks in the rear. If this was done, the addition would comply with required setbacks. However, variance would still be needed for the two bulk regulations (Lot Coverage and Maximum Floor Area Ratios) H. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located. o If granted, the variance could affect adjacent property or nearby owners or properties since the encroachment will place the structure even closer to the neighboring property line. The applicant provided a letter with the application indicating the two adjacent owners do not object to this request. However, it was not signed/sent by these owners. (Attachment 1-5) I. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area. o If granted, the variance will not impair an adequate supply of light and air to adjacent property, increase traffic or otherwise endanger public safety. It will place the structure closer to the neighboring property line. No information was provided to assess the impact on adj acent property values. 15.05.060 Conditions and Restrictions bv the Board The Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the provisions set out in Section 15.05.030 to reduce or minimize the injurious effect to such variations upon suffounding property and better carry out the general intent of this Ordinance. The Board may establish expiration dates as a condition or as a part of the variances. If this variance request is approved, the owner shall submit a plot plan for the parcel, per Gallatin Zoning Ordinance Section 15.03.020.C, for review by Staff to acquire building permits. ENGINEERING DEPARTMENT COMMENTS The Engineering Division reviewed the variance request, and had no comments. OTHER DEPARTMENTAL REVIEW COMMENTS Other City Departments reviewed the variance request, and none had any comments RECOMMENDATION Staff does not recommend that the Gallatin Municipal Board of Zoning Appeals approve GMBZA Resolution No.2017-08. (However, the }/BZA may request staff to study this area and consider establishing a more appropriate zoning designation that will eliminate some or most non-conforming conditions that would permit the applicant's and others to make additions or other improvements to their property.) ATTACHMENTS Attachment 1-1 Location Map Attachment l-2 Murphy Variance Exhibit (B-465 | -17) Attachment 1-3 Applicants response to the Standards for Variance dated June26,2017 Attachment I-4 Aerial Zoning Map photo and Google street view photo Attachment 1-5 Letter from adjacent owners 5 940 Lakeshore Drive - Varíance (8-4651-17) July 27, 2017 TABLE 1 R4O DISTRICT MINIMUM/IVIAXIMUM STANDARDS BULK REGULATIONS ORDINANCE PERMITTED/ EXISTING PROPOSED WREQUEST SECTION REQUIRED *06.03.0:oe Max. Lot 15% (2,830 s.f.) 3,568 s.f. 4,096 s.f. 21.71% Coverage t8.91% *00.0:.0¡oe Max. Floor 15% (2,830 s.f.) 4,096 s.f. 21.71% 3,568 s.f. Area Ratio 18.9t% 06..03.0404,8,C AREA/ YARD REQUIREMENTS **Min. Req'd. Lot 40,000 s.f. 18,865 s.f. 18,865 s.f. Area Front Yard Setback 50' 68', 68', Side Yard Setback 20' r0.7'/12.3' r0.7'19.6' West/East Rear Yard Setback 30' 695', 50' **Min. Lot Width 120', 100' 100' *Not advertised for a variance **No variance required since this is a pre-existing non-conforming condition This request will result in even greater non-conformity than what now exists on the lot. The lot and lot width are currently non-conforming, as is the west and east side yard setbacks. Variances are not required but could be considered for these existing setbacks in addition to the additional setback variance requested for the east side yard. 6 flry8ffiT - ource: DigitalGlobe, GeoEye, Earthstar Geograp USDA, USGS, AeroGRlD, lGN, and the GIS User Community DS, ê-Ltûsl-17  3 ftþorqqnllopïtg n 26 June2OtT JUN 2 6 \Afl City of Gallatin 132 West Main Street Gallatin, Tennessee 37 066 Re: Variance Request 940 Lakeshore Drive Gallatin, Tennessee 37066 Planning: The current owners of the referenced property would like to request a setback variance for the side setback along the eastern property line. The lot is a non-conforming lot with existing encroachments into the west and east side setbacks of 8.5' and 7.7' respectively. The request is for an additional encroachment for a proposed addition to the southeast corner of the existing home. The proposed addition would encroach into the side setback 10.4' at the closest location to the property line. The existing house and that the setbacks are already being encroached present the hardship. Other properties in the area also encroach upon the setbacks and the request is within a reasonable distance of other encroachments. No unauthorized activity for this zone is being requested. There is no financial benefít to the owners of this property by receiving the variance. The hardship was not created by anyone with an interest in this property. We feel this request is a reasonable request and would be as such for any other property in the area. The minimum variance needed is being requested. åTTAdlß{Etrf /-3 GreenLlD Design, LLC 114 B West Main Street Gallatin, TN 37066 (T): 615-230-7269 17 ß-y'¿J2le  a DR a 136D A 006.00 36D A ,f- t L_i Source. Esri, DigitalGlobe, GeoEye, Ea USDA, USGS, AeroGRlD, lGN, and the GIS &ïTeffinffi,g ff I e Lt  : M urphy Variance Request r /_t/ Legend t ? g40 Lakeshore Dr -r1¡'- ir  âbonE,:*h¡P"P'g:"tg^ The granting of this request is not detrimental to the public welfare or injurious to other properties in the area. The following are copies of emails from the adjacent property owners provided to the requestor in support of the granting of the variance. Dear Linda and Rick, We have reviewed the proposed plan to renovate your property at 940 Lakeshore Drive and have no objection to the proposed addition. We reside at 936 Lakeshore Drive. Best, Dan and Deborah Grimes I think that the neighbor's plans are o.k. with me. Sorry for the delay. Thanks, Michael (Thigpen) The request will not impair the supply of light and air to adjacent property or increase the congestion in the area. The granting of this variance will not impact the public good or the intent and purpose of the zoning plan and zoning. With this cover letter we are also submitting the application, agent letter, fee, and 12 exhibits (3 full size, and t half size). lf our office may be of further assistance to you on this project please contact us at your convenience. Sincerely, á" n A. Leath, P.E GreenLlD Design JUN 2 6 2017 l-S GreenLlD Design, LLC 114 B West Main Street Gallatin, TN 37066 (T): 615-230-7269 ß-4¿g/-t7